Legal Definitions - Georgia

In Georgia, a comprehensive set of state laws exists to protect consumers and businesses from unwanted, deceptive, or fraudulent commercial communications across various platforms, as well as to address computer-related crimes, particularly those linked to unsolicited digital messages.

These laws cover several key areas:

• Commercial Email and Spam: The Georgia Computer Systems Protection Act of 1991, significantly updated by the Georgia Slam Spam E-Mail Act of 2005, specifically targets commercial emails that are false or misleading. Sending such deceptive emails is considered a crime in Georgia. Beyond criminal penalties, the law also allows certain parties to file civil lawsuits: email service providers and owners of domain names whose Georgia computers received these deceptive emails.
• Telemarketing and Phone Solicitations: Georgia has its own "Do Not Call" Registry and related provisions that regulate telemarketing calls. The Georgia Telecommunications Marketing Act of 1998 broadly defines what constitutes a "telecommunications company" and "services" to cover a wide range of communication methods. These laws prohibit deceptive, fraudulent, or abusive telemarketing practices. Engaging in fraudulent telephone solicitations can be classified as a misdemeanor under Georgia's criminal law.
• Faxes, Texts, and Other Media Anti-Solicitation: Georgia law prohibits sending unsolicited advertisements via fax machine. Violations of this prohibition are considered a misdemeanor and are enforced by the Georgia Public Service Commission. While Georgia's state law doesn't directly offer a private right to sue for unsolicited faxes, Georgia courts have recognized that individuals can pursue private lawsuits under the federal Telephone Consumer Protection Act (TCPA) for such violations. Unsolicited text messages are also subject to similar regulations.
• Unlawful Trade Practices: Broader consumer protection statutes, such as the Georgia Fair Business Practices Act of 1975 and the Georgia Uniform Deceptive Trade Practices Act, also play a role. These laws prohibit unfair, false, or deceptive business practices, which can include misleading or fraudulent commercial solicitations made through any medium.
• Computer-related Crime: Beyond the specific spam provisions, the Georgia Computer Systems Protection Act of 1991 and the Georgia Computer Security Act of 2005 address various computer crimes. These laws cover actions like unauthorized access, data manipulation, and other activities that could be associated with the distribution of spam or other malicious digital communications.

Here are some examples illustrating how these Georgia laws apply:

• Example 1: Deceptive Email Marketing Campaign
  A marketing firm, operating from outside Georgia, launches an email campaign targeting Georgia residents. The emails use subject lines like "Your Bank Account Has Been Frozen" and a sender address that appears to be from a legitimate financial institution, but upon opening, they promote a high-interest personal loan from an unknown lender.

  How it illustrates the term: This scenario directly violates the Georgia Slam Spam E-Mail Act. The use of false or misleading subject lines and forged sender information to trick recipients into opening commercial emails is considered the "initiation of deceptive commercial email," which is a criminal offense under Georgia law. Additionally, if a Georgia-based email service provider handled these emails, or a Georgia domain owner received them, they could pursue a civil lawsuit against the marketing firm.

• Example 2: Persistent Telemarketing Calls to a "Do Not Call" Registered Number
  A company selling home security systems repeatedly calls a Georgia resident who has registered their phone number on both the federal and Georgia "Do Not Call" registries. The calls are made using an automated dialing system, and even after the resident explicitly requests to be removed from the calling list, the calls continue for several weeks.

  How it illustrates the term: This situation demonstrates a violation of Georgia's telemarketing laws, specifically the provisions related to the Georgia "Do Not Call" Registry and the Georgia Telecommunications Marketing Act. Calling a number on the registry is prohibited, and the use of automated dialing systems for unsolicited calls is also regulated. The persistence of the calls after a clear request to stop could also be considered an abusive telemarketing practice.

• Example 3: Unsolicited Fax Advertisements and Misleading Offers
  A new car dealership in Georgia sends out thousands of faxes to local businesses, advertising a "limited-time, zero-down lease offer." The faxes are sent without prior consent from the recipients. Upon closer inspection, the fine print on the advertisement reveals that the "zero-down" offer only applies to a single, highly undesirable vehicle model that is not prominently featured.

  How it illustrates the term: Sending unsolicited advertisements via fax machine is prohibited under Georgia law, and the car dealership could face misdemeanor charges and enforcement actions by the Georgia Public Service Commission. Furthermore, the misleading nature of the "zero-down" offer, which is deceptive about its true applicability, could also be challenged under the Georgia Fair Business Practices Act or the Georgia Uniform Deceptive Trade Practices Act, which prohibit unfair and deceptive trade practices.