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GA SB364
Bill
Status
Engrossed
2/14/2022
Primary Sponsor
Blake Tillery
Click for details
AI Summary
- Allows individuals who receive more than one illegal telemarketing call within 12 months to sue both the caller and the person or entity on whose behalf the call was made, recovering actual damages or up to $1,000 per violation (reduced from the prior $2,000 cap), plus attorney's fees and costs
- Authorizes class action lawsuits under Code Section 9-11-23 for telephone solicitation violations, with no cap on damages for class actions
- Removes the "knowing" intent requirement for violations, meaning telemarketers and their clients can be held liable regardless of whether they knowingly violated the law
- Eliminates the defense that a defendant had established reasonable practices and procedures to prevent illegal solicitations; instead, entities cannot claim ignorance if calls were made on their behalf under a written or verbal agreement, contract, request, or employment relationship
- Removes the word "knowingly" from the prohibition on blocking or circumventing a subscriber's caller identification service, broadening liability for caller ID spoofing
Legislative Description
Telephone Service; class action suits and for damages against certain persons for violating provisions relating to telephone solicitations; provide
Last Action
House Withdrawn, Recommitted
4/4/2022
Committee Referrals
Judiciary2/15/2022
Agriculture and Consumer Affairs1/25/2022
Full Bill Text
No bill text available