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GA SB585
Bill
Status
Introduced
3/2/2022
Primary Sponsor
Horacena Tate
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AI Summary
- Expands the definition of "telephone solicitation" under Georgia law to explicitly include calls encouraging the purchase, sale, or rental of real property and personal property, in addition to goods and services
- Allows private individuals who receive more than one violating solicitation 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 $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 the per-violation damages cap removed for class actions
- Eliminates the defense that a defendant had established reasonable practices and procedures to prevent violations; instead, entities cannot claim as a defense that they did not personally make the call or were unaware of the violation if the solicitation was made on their behalf under any agreement, contract, or employment relationship
- Removes the "knowing" qualifier from several violation and penalty provisions, lowering the standard required to establish liability for illegal telephone solicitations
Legislative Description
Telephone Service; telephone solicitations shall include calls relating to the sale of real property and other property, goods, or services; provide
Last Action
Senate Read and Referred
3/3/2022
Committee Referrals
Agriculture and Consumer Affairs3/3/2022
Full Bill Text
No bill text available