O.C.G.A.

O.C.G.A. § 46-5-25 (2019)

Transmission of unsolicited commercial facsimile messages

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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) As used in this Code section, the term ‘‘telefacsimile’’ shall refer to any process by which electronic signals are transmitted by any telephone system for conversion into written text. (b) It shall be unlawful for any person to initiate the transmission of, employ or direct another person to initiate the transmission of, or contract for the initiation of the transmission of an unsolicited facsimile message for the commercial purpose of advertising or offering the sale, lease, rental, or gift of any goods, services, or real or personal property. (c)(1) Subsection (b) of this Code section shall not apply where the recipient has consented to the receipt of one or more telefacsimile messages or where there exists a prior contractual or business relationship between the recipient and the initiator or the initiator’s principal. (2) The exception provided for in paragraph (1) of this subsection shall not apply where the recipient has notified the initiator or the initiator’s principal that the recipient does not wish to receive further telefacsimile messages from the initiator or the initiator’s principal. (d) Any person who violates this Code section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00. Each transmission of a facsimile message in violation of this Code section shall constitute a separate offense. (e) The commission is charged with the responsibility of civil enforcement of this Code section and the commission shall require local exchange companies to file with the commission appropriate tariff revisions to implement this subsection. Any person who violates the provisions of this Code section shall be subject to disconnection of telephone service if the violation does not cease within ten days from the date of notification to such person by the local exchange company; and the tariff revisions filed by local exchange companies shall provide for the giving of such notification by local exchange companies and for such disconnection of service.

History

(Code 1981, § 46-5-25, enacted by Ga. L. 1990, p. 252, § 1.)

Annotations

Law reviews. - For note on 1990 enactment of this Code section, see 7 Ga. St. U.L. Rev. 360 (1990). JUDICIAL DECISIONS Private actions under federal law not prohibited. - Georgia law does not expressly prohibit private actions under the Telephone Consumer Protection Act (47 USC

§ 227) for the transmission of unsolicited facsimile advertisements. Hooters of Augusta, Inc. v. Nicholson, 245 Ga. App. 363, 537 S.E.2d 468 (2000).

OPINIONS OF THE ATTORNEY GENERAL Fingerprinting not required for violation of Code section. - Violation of O.C.G.A. § 46-5-25 is not, at this time, designated as

an offense which requires fingerprinting. 1990 Op. Att’y Gen. No. 90-22.

Notes of Decisions

Cited in 1 case, 2000–2000 · leading case: Hooters of Augusta, Inc. v. Nicholson, 537 S.E.2d 468 (Ga. Ct. App. 2000).

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Hooters of Augusta, Inc. v. Nicholson, 537 S.E.2d 468 (Ga. Ct. App. 2000). · cites it 36× “[3] OCGA § 46-5-25. In accordance with our conclusion in Division 1(a), the absence of a statute declining to exercise the jurisdiction authorized by the TCPA gives Georgia citizens the right to seek the relief provided by the TCPA.”

— 46-5-25(b) — 1 case

Hooters of Augusta, Inc. v. Nicholson, 537 S.E.2d 468 (Ga. Ct. App. 2000). “[3] OCGA § 46-5-25. In accordance with our conclusion in Division 1(a), the absence of a statute declining to exercise the jurisdiction authorized by the TCPA gives Georgia citizens the right to seek the relief provided by the TCPA.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.