Georgia

Georgia
Commercial Email and Spam:

Georgia Computer Systems Protection Act of 1991, as amended by the Georgia Slam Spam E-Mail Act of 2005 (Georgia Laws Act 46 (S.B. 62)) - codified at Georgia Code Title 16, Chapter 9, Article 6 (§§ 16-9-90 - 16-9-109.1)

  • This law targets false or misleading commercial emails - as defined in § 16-9-100(10) - and makes the sending of such emails a crime ("initiation of deceptive commercial email").  See Georgia Code Title 16, Chapter 9, Article 6 (§ 16-9-101).
  • The law also provides a private right of action to two classes of person: (1) email service providers, and (2) owners of the domain name for the email address to which a deceptive commercial email was sent (provided that this person owns a Georgia computer that received the email).  See Georgia Code Title 16, Chapter 9, Artice 6 (§ 16-9-105).
Telemarketing & Telephonic Anti-Solicitation:

Georgia "Do Not Call" Registry, and related provisions, codified at Georgia Code Title 46, Chapter 5, Article 2, Part 1 (§§ 46-5-27, 46-5-28)

Georgia Telecommunications Marketing Act of 1998, codified at Georgia Code Title 46, Chapter 5, Article 5 (see especially §§ 46-5-187, 46-5-189)

Prohibition of deceptive, fraudulent, or abusive telemarketing by certain classes of person, codified at Georgia Code Title 10, Chapter 5B (§§ 10-5b-1 - 10-5b-8)

Fraudulent telephone solicitations are classified as a misdemeanor under Georgia's criminal law - see Georgia Code Title 16, Chapter 9, Article 4 (§ 16-9-54)

Faxes, Texts, and Other Media Anti-Solicitation:

Prohibition of unsolicited advertisements sent via fax machine, codified at Georgia Code  Title 46, Chapter 5, Article 2, Part 1 (§ 46-5-25).  The law provides for enforcement by the Georgia Public Service Commission, and classifies violations as a misdemeanor.

  • Note: The law does not provide for a private right of action.  However, a Georgia appellate court has held that a private cause of action can be pursued in Georgia state courts under the U.S. Telephone Consumer Protection Act.  See Spam-Related Case-Law: Georgia Case-Law.
Unlawful Trade Practices:

Georgia Fair Business Practices Act of 1975, codified at Georgia Code Title 10, Chapter 1, Article 15, Part 2 (§ 10-1-393)

Georgia Uniform Deceptive Trade Practices Act, codified at Georgia Code Title 10, Chapter 1, Article 15, Part 1 (§§ 10-1-370 - 10-1-375)

Computer-related Crime:

Georgia Computer Systems Protection Act of 1991, as amended by the Georgia Slam Spam E-Mail Act of 2005 (Georgia Laws Act 46 (S.B. 62)) - codified at Georgia Code Title 16, Chapter 9, Article 6 (§§ 16-9-90 - 16-9-109.1)

  • Note: In 2006, the Georgia Attorney General issued an Official Opinion (2006-2) designating offenses arising under § 16-9-102 as offenses for which individuals charged should be fingerprinted by the Georgia Crime Information Center.

Georgia Computer Security Act of 2005, codified at Georgia Code Title 16, Chapter 9, Article 9 (§§ 16-9-150 - 16-9-157)

Additional Resources:

Georgia Governor's Office of Consumer Protection: E-Mail Spam