Georgia consumers who receive repeated unlawful telephone solicitations may have the right to pursue legal action.
The state's telephone solicitation law provides remedies for certain violations involving registered subscribers and caller identification requirements.
A successful claim may result in monetary damages, reasonable attorney fees, costs, or an order preventing further violations.
However, filing a lawsuit requires more than proving that an unwanted telephone call occurred.
When Georgia Law Allows a Telemarketing Lawsuit
Georgia Code Section 46-5-27 establishes a private right of action for certain repeated violations.
A consumer generally must receive more than one unlawful telephone solicitation within a 12-month period from or on behalf of the same business.
The relevant violations involve the statute's Do Not Call restrictions or caller identification provisions.
The consumer may pursue a claim against the party making the calls, the business on whose behalf they were made, or both, subject to statutory requirements.
Did You Know? Georgia Updated Its Lawsuit Rules in 2024
Georgia's 2024 amendments changed important parts of the state's telephone solicitation statute.
The revisions addressed responsibility for calls made on behalf of other businesses and modified the available damages provisions.
Under the current version of Section 46-5-27, qualifying private claims permit recovery of actual monetary loss or up to $1,000 per violation, whichever is greater.
Some older online explanations describe a $2,000 private damages amount. That figure should not be used as the current general statutory ceiling for private claims under this provision.
How Much Compensation May Be Available?
The value of a Georgia telemarketing lawsuit depends on the number and nature of qualifying violations, actual monetary losses, and applicable legal defenses.
The statute also permits reasonable attorney fees and costs in qualifying actions.
Consumers may seek injunctive relief, which is a court order intended to stop unlawful conduct.
Separate federal claims may provide additional remedies when their requirements are satisfied.
However, consumers should not assume that every unwanted call produces a guaranteed payment.
Evidence That Can Help Support a Claim
Useful documentation includes:
Telephone call histories showing dates and times.
Records identifying the business responsible for the calls.
Voicemail messages containing sales solicitations.
Proof of applicable Do Not Call registration.
Notes showing when the consumer requested that calls stop.
Preserving original records can help establish whether repeated communications occurred within the required period.
Possible Defenses in Georgia Robocall Cases
Georgia law recognizes defenses that may affect a consumer's claim.
A business may argue that it established and enforced effective procedures designed to prevent prohibited telephone solicitations.
Another defense may apply when a telephone number was supplied incorrectly by another subscriber and the defendant lacked reason to know of the error.
A prior business relationship or consumer permission may also affect whether a communication qualifies as a prohibited solicitation.
These issues make individual case evaluation important.
Common Questions Around Georgia Robocall Lawsuits
Can I sue after receiving one illegal sales call?
Georgia's private action under Section 46-5-27 generally requires more than one qualifying unlawful solicitation within 12 months.
What damages can I seek?
Qualifying consumers may seek actual monetary losses or up to $1,000 per violation, whichever is greater, under the current state statute.
Can I sue a company that hired a telemarketer?
Potentially. Georgia law addresses calls made on behalf of businesses, subject to statutory defenses.
Do I need evidence identifying the caller?
Identifying the responsible business is important for establishing a claim.
Can federal law also apply?
Yes. The federal Telephone Consumer Protection Act may provide separate remedies when its requirements are met.
For more information, visit: https://robocalllawsuit.com/autodialer-laws/georgia/
