Georgia passed a new law about spam calls. How will it change consumers’ rights?

The Georgia Senate unanimously approved Senate Bill 73 into a law that is meant to lessen the amount of robo or spam calls Georgians receive. The bill introduces some pretty significant changes to the state’s telemarketing laws.

The law was signed by Governor Brian Kemp in May and took effect this month. The bill provides stronger protections for consumers and potentially increases the legal risks for businesses who practice telemarketing activities in Georgia.

Among other changes, the law will allow Georgians to be rewarded up to $1,000 per violation in punitive damages and could make way for class action lawsuits against telemarketers and their third party contractors.

What do you need to know about the new law?

• Expanded liability - this means that both the companies that benefit from the calls are liable as well as the companies contracted to make the actual calls.

• Elimination of “knowing” requirement - not knowing the law exists is no longer a valuable defense for companies.

• Litigation permissions - People who are on the receiving end of these calls can now sue the companies as part of a class action suit.

• Paid attorney’s fees - the bill allows for recovery of legal fees in successful lawsuits.

• Third-party liability - this means that even the companies that have been outsourced to do the calls are liable. This closes the loophole of contracting a third party to contact consumers.

The law is meant to further protect consumers against the annoying and disrupting practice. It will also make telemarketers follow stricter guidelines in their communications with customers.

Although not specific to the new SB 73, Georgia enforces the The Consumer Protection Act of 1991 which requires solicitors to only call between 8 a.m. and 9 p.m.

Other requirements of this federal law are:

• Telemarketers must gain prior consent before making calls that use artificial voices or use autodialers.

• Callers must provide their name, the company they represent and their contact information.

• Solicitors must provide an “opt-out” mechanism.

• Consumers should be able to revoke consent at any time.

• Companies must maintain their own “do not call” lists as well as adhere to the National Do Not Call Registry.

If you feel like any of these rights have been violated or you would like to register your phone or report unwanted calls, you can do so at the Federal Trade Commission’s Do Not Call Registry.

Have thoughts or concerns about the new telemarketing laws? Sound off in the comments, or you can email me and find me on Instagram .

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