Telephone Consumer Protection Act (TCPA) -

Georgia

Yes. The state of Georgia adopted its version of the federal Telephone Consumer Protection Act in O.C.G.A. 46-5-27 (2024).

Permits the Attorney General to initiate cease and desist proceedings and impose civil penalties up to $2,000 per violation.
Permits private actions by anyone who has “received more than one telephone solicitation within any 12-month period by or on behalf of the same person or entity.”
Private actions may seek:
- An injunction
- Recovery of attorney’s fees and costs
- Damages equal to the greater of actual monetary loss or $1,000 per violation; or
- Damages as part of a class action without any limitation or cap.
Consistent with the federal TCPA, the Georgia statute does not require the violation to be “knowing”. It is not a defense that the person or entity did not make the telephone solicitation directly or was not aware that such telephone solicitation was in violation of the law.
Recovery is permitted under a theory of vicarious liability. Plaintiffs may assert violations of the law against businesses that retain telemarketers and other vendors to place calls or texts on their behalf.

Like the federal TCPA, If a company has in place policies and procedures meant to prevent violations of Georgia mini-TCPA, it may rely on an affirmative defense that the call was made by mistake.
in the event a phone number was provided in error by another person to a company, as long as the defendant company did not have any knowledge of the mistake.

The Georgia Fair Business Practices Act (FBPA), codified under O.C.G.A. 10-1-390 et seq., prohibits deceptive and unfair business practices in trade or commerce that could harm the public. The FBPA applies broadly to consumer transactions, covering industries such as retail, real estate, and financial services. Consumers may recover actual damages for financial losses, including treble damages for willful conduct. Injunctive relief is also available.
The Uniform Deceptive Trade Practices Act, codified under O.C.G.A. 10-1-373 et seq. permits injunctive relief and recovery of attorney’s fees and costs to a person who can establish that he or she is likely to be damaged by a deceptive trade practice of another.
C.G.A. § 46-5-27 – The Georgia Do Not Call Law prohibits telemarketers who are selling a product or service from contacting households that have chosen to have their telephone numbers placed on the Do Not Call List.
C.G.A. § 46-17-1- In accordance with the Georgia Charitable Solicitations Act, Georgia Department of Law’s Consumer Protection Division helps to ensure that charities operating in Georgia are also abiding by the standards of the Fair Business Practices act.

Engage competent counsel to ensure your advertising policies and procedures are up to date with the laws of each state in which you advertise.
Do not rely on advertising agencies promises or representations on compliance, as you will not be shielded from liability for their actions in violation of Georgia’s mini-TCPA.
Obtain Prior Express Written Consent before initiating a call for informational or marketing purposes.
Provide Clear and Conspicuous Disclosures before obtaining that written consent.
Maintain complete and accurate records.
Scrub your database call lists against all National, state, and internal do not call lists.
Submit your numbers and dates of consent to the FCCC Reassigned Number Database to alert you to numbers from prior consents that may have been re-assigned to others.
Continue to monitor the ever change federal and state laws.
Perform due diligence and actively monitor any third-party vendors to ensure their compliance with all applicable laws and avoid vicarious liability for their actions.
Maintain proper insurance coverage.