Ga. Comp. R. & Regs. R. 515-12-1-.32 - Automatic Dialing and Announcing Device Equipment

Current through Rules and Regulations filed through April 4, 2022

(1) As used in Utility Rule 515-12-1-.32, the phrase "ADAD equipment" shall mean any device or system of devices that is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating pre-recorded messages to the numbers so selected or dialed.
(2) Any person desiring to use ADAD equipment in this state shall make application for a permit to the Georgia Public Service Commission on forms prescribed by the Commission and shall pay the administrative fee assessed by that agency for such permit. Permits shall be renewed biennially as prescribed by the Commission and upon payment of a renewal fee. Permits shall be subject to suspension or revocation for any violation of Commission Rules or O.C.G.A. ยงยง 46-5-27 and 46-5-23.
(3) Upon receipt of an application for an ADAD equipment permit, the Commission may, in its discretion, conduct a hearing on the application. In the event that a hearing is scheduled by the Commission, notice thereof shall be given to the applicant at least ten days in advance of the date assigned for the proceeding. After considering the application, the Commission may approve it as filed, approve it with conditions or deny it in its entirety. Upon approval of the application, a permit shall be issued in the form identified as "Permit to Use Automatic Dialing and Announcement Devices."
(4) Persons using ADAD equipment for the purpose of advertising or offering for sale, lease, rental, or as a gift any goods, services, or property, either real or personal, primarily for personal, family, or household use or for the purpose of conducting polls or soliciting information must do so under the following conditions:
(a) Consent shall be received prior to the initiation of the calls as specified in paragraphs (5), (6), and (7).
(b) No calls will be placed between the hours of 9:00 p.m. and 8:00 a.m.
(c) Equipment used to place such calls shall be equipped with an automatic clock and calendar device which will operate, even in the event of power failure, to prevent unattended operation in violation of the time limitations set forth herein.
(d) No numbers will be called in either sequential or random fashion. Sequentially placed calls refer to those calls automatically dialed by successively increasing or decreasing integers, or similar methods. Randomly placed calls refer to those calls automatically dialed to a telephone number where no prior relationship exists between the calling and the called party.
(e) The telephone number given to the called party to contact must be one which during normal business hours must be promptly answered in person by a person who is an agent of the person on whose behalf the calls are made and who is willing and able to provide information on the call.
(f) The equipment shall be programmed or utilized in such a manner as to automatically disconnect a called party's line not later than ten seconds after the called party fails to give consent for playing a recorded message or hangs up.
(g) Within 25 seconds after the called party answers and at the conclusion of the call, the name and telephone number of the individual or firm making or paying for the call, including but not limited to the name of the individual or firm on whose behalf the call is made, must be clearly stated.
(h) No calls will be placed to persons or firms whose telephone numbers have been omitted from directories published by local exchange companies serving these customers at the request of such persons or firms.
(i) No calls will be placed to organizations providing emergency services including, but not limited to, hospitals, nursing homes, fire departments, and law enforcement agencies.
(5) Any person wishing to receive telephone calls through the use of ADAD equipment shall give his or her written permission to the person using, employing or directing another person to use, or contracting for the use of such ADAD equipment.
(6) This consent will be valid for two years from the date on which it is executed unless sooner withdrawn. A record of such written consent must be maintained by the person to whom consent is given, and made available to the Commission or its authorized representative during normal business hours and following reasonable notice. This consent shall be withdrawn fifteen days following receipt of the letter of withdrawal.
(7) A person may give consent to a call made with ADAD equipment when a live operator introduces the call and states an intent to play a recorded message. This consent applies only to one particular call and shall not constitute prior consent to receive further calls through the use of such ADAD equipment.
(8) Persons authorized to operate or use Automatic Dialing and Announcing Device equipment are not subject to the restrictions set forth in subparts (4)(b), (c), (d), (e), (f), and (g) of Utility Rule 515-12-1-.32 in instances in which:
(a) Calls are made with ADAD equipment by a nonprofit organization, or by an individual or entity, using such calls other than for commercial profit-making purposes, and the calls do not involve the advertisement or offering for sale, lease, or rental of goods, services, or property;
(b) Calls made with ADAD equipment relate to payment for, service of, or warranty coverage of previously ordered or purchased goods or services; or
(c) Calls made with ADAD equipment relate to collection of lawful debts.
(9) Any person who operates or uses Automatic Dialing and Announcing Devices in violation of the provisions set forth in Utility Rule 515-12-1-.32 will be subject to disconnection of telephone service if the violation does not cease within 10 days from the date of notification to that person.
(10) No person authorized to operate or use Automatic Dialing and Announcing Device equipment shall do so in a manner that violates the requirements of the state or federal "Do Not Call" rules and laws.

Notes

Ga. Comp. R. & Regs. R. 515-12-1-.32
O.C.G.A. Secs. 46-5-23, 46-5-27.
Original Rule entitled "Automatic Dialing and Announcing Device Equipment" adopted. F. July 14, 2003; eff. 8/3/2003. Amended: F. Feb. 16, 2004; eff. 3/7/2004.

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