Georgia Telemarketing Fraud Laws

Created by FindLaw's team of legal writers and editors | Last reviewed January 19, 2018

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

Imagine being in the middle of dinner or binge watching your favorite show when your phone suddenly rings. Reluctantly, you answer the call with the unfamiliar number; to your dismay, it is the dreaded telemarketer. Sometimes telemarketers use the phone for good, such as calling on behalf of charities trying to collect donations or informing existing customers of useful information. However, some telemarketers use the phone for nefarious purposes: as a weapon to engage in telemarketing fraud. The offense occurs when a caller uses phone calls or text messages to make misleading statements or false promises to a consumer in order to get their money or personal information.

To distinguish themselves from fraudsters, legitimate telemarketers must comply with the federal regulations of both the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC). In addition to the federal laws and regulations concerning telemarketing fraud, virtually all states have laws that govern telemarketers.

Georgia Telemarketing Fraud Laws at a Glance

The chart below provides a summary of laws related to Georgia's telemarketing fraud laws, including links to important code sections.

Sodomy Laws Applicable to
  • Georgia Code Title 46-5-27 (General telemarketing statute)
  • Georgia Code Title 10-1-393.5 (Telemarketing fraud)
  • Georgia Code Title 46-5-187 (Abusive telemarketing acts or practices)

Statutory Requirements

Georgia prohibits a telemarketer from engaging in the following conduct:

  • Employing any device, scheme, or trick to defraud a person, organization, or entity;
  • Engaging in any act, practice, or course of business that operates or would operate as a fraud or deceit upon a person, organization, or entity; or
  • Engaging in outbound calls to a person's residence at any time between 8.00 A.M. and 9:00 P.M. local time without prior consent.

Do Not Call Registry
  • Georgia does not have a state specific Do Not Call list, but the state does follow the national Do Not Call Registry
  • No telemarketer can call any customer that is registered on the national list.

Penalties and Sentencing
  • The penalties can include imprisonment, fines, or both.
  • You may also have to pay restitution to the victims.
  • The length of the incarceration and the amount of fines depends on factors including the amount of money involved in the fraud.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Georgia Telemarketing Fraud Laws: Related Resources

Need Assistance with Your Fraud Case? An Attorney Can Help

If you've been accused of violating Georgia's telemarketing fraud laws, then you could be dealing with punishment under both state and federal laws. Having an experienced criminal defense attorney on your side could help to minimize the costly penalties that you may face. Take a step forward by contacting a Georgia attorney today.

Was this helpful?

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex criminal defense situations usually require a lawyer
  • Defense attorneys can help protect your rights
  • A lawyer can seek to reduce or eliminate criminal penalties

Get tailored advice and ask your legal questions. Many Georgia attorneys offer free consultations.

 

If you need an attorney, find one right now.

Helpful Links

Popular Directory Searches