Georgia amends provisions for telemarketing provisions for defendants

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On May 6, Georgia enacted SB 73 (the “Act”), which amends, among other things,  Georgia’s telemarketing laws. The Act clarifies that no person or entity can make or cause any telephone solicitation violations, now on behalf of another person or entity, and sets forth that there is a private right of action against violators. The Act also amends the damages to be the actual monetary loss for each violation or a violation up to $1,000 in damages, whichever is greater.  However, if a class action lawsuit is brought under the Act, the $1,000 in statutory damages would not apply. The Act further provides that ignorance would not be a valid defense if a defendant did not make or was not aware how a telephone solicitation violated applicable laws. However, it is defensible if the defendant had established policies and procedures to prevent violations, and enforced such procedures, or if a phone number was provided in error so long as the defendant did not have any knowledge of the mistake.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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