O.C.G.A.

O.C.G.A. § 46-5-171.1 (2019)

Written authorization required by customer prior to being charged for service initiated by a third party

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Except as provided in subsection (b) of this Code section, no telecommunications company shall charge a customer for any service which is provided to the customer by a nonaffiliated third party until such third party has certified to the telecommunications company that the third party has received the customer's written authorization for such charges. When a customer initiates a new type of such third-party service or changes the type or types of such third-party service received, the invoice for such new or changed services must state the charges for such services in a clear, conspicuous, separate, and distinct manner so as to ensure that the customer is aware of the new or changed charges. Any telecommunications company that charges a customer for a service which is provided to the customer by a nonaffiliated third party must provide to such customer the ability to block the nonaffiliated third-party service and any charges associated with such service.

(b) This Code section shall not apply to any transaction between a customer and that customer's selected provider of basic local exchange, inter-LATA, or intra-LATA telecommunications services or initial requests to subscribe to such services; wireless services; requests for a change in a customer's provider of local exchange service or a change in a customer's primary interexchange inter-LATA or intra-LATA carrier; or customer initiated use of abbreviated dialing codes or other pay-per-use services.

History

(Code 1981, § 46-5-171.1, enacted by Ga. L. 1998, p. 1378, § 1; Ga. L. 1999, p. 877, § 1; Ga. L. 2009, p. 318, § 1/HB 302.)

Annotations

Cross references. - Limitation on powers as to corporations, Ga. Const. 1983, Art. III, Sec. VI, Para. V and Ch. 4, T. 14. Penalty for refusal to relinquish telephone party line in emergency, § 16-11-42. Taxation of mobile telecommunications, §§ 48-8-6 and

Sec.

Construction.

Administrative rules and regulations. - Regulation of telephone and telegraph services, Official Compilation of Rules and Regulations of State of Georgia, Rules of Georgia Public Service Commission, Chapters 515-5-1, 515-6-1, 515-8-1, 515-12-1.

RESEARCH REFERENCES ALR. - Liability of telephone company for injury resulting from condition or location of telephone booth, 17 ALR4th 1308. Liability of telephone company for mistakes in or omissions from its directory, 47 ALR4th 882.

Search and seizure of telephone company records pertaining to subscriber as violation of subscriber’s constitutional rights, 76 ALR4th 536.

ARTICLE 1 GENERAL PROVISIONS

Law reviews. - For article, ‘‘Cable Theft: The Problem, the Need for Useful State

Legislation, and a Proposed Solution for Georgia,’’ see 35 Emory L.J. 643 (1986).