Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 46-5-25 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-5-25 Case Law from Google Scholar Amendments to OCGA 46-5-25

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 5. Telephone Service, 46-5-1 through 46-5-252.

ARTICLE 2 TELEPHONE SERVICE

46-5-25. Transmission of unsolicited commercial facsimile messages.

  1. 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.
  2. 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.
    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.
  4. 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.
  5. 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.

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

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.

RESEARCH REFERENCES

ALR.

- Validity, construction and application of Telephone Consumer Protection Act (47 U.S.C.A. § 227) - state cases, 77 A.L.R.6th 1.

API Error: Request was throttled. Expected available in 1 second.

No results found for Georgia Code 46-5-25.