Commercial emails 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 (SB 62)) – codified in Georgia Code Title 16, Chapter 9, Article 6 (§§ 16-9) . -90-16-9-109.1)
- This law targets false or deceptive commercial emails – as defined in Section 16-9-100(10) – and makes the sending of such emails a criminal offense (“Initiating deceptive commercial emails”). See Georgia Code Title 16, Chapter 9, Article 6 (§ 16-9-101).
- The law also provides a private right of action for two groups of people: (1) email service providers, and (2) the owner of the domain name for the email address to which a fraudulent commercial email was sent (provided that person owns a computer in Georgia that received the email). See Georgia Code Title 16, Chapter 9, Article 6 (§ 16-9-105).
Telemarketing and anti-advertising over the phone:
Georgia “Do Not Call” Register and related regulations codified in Georgia Code Title 46, Chapter 5, Article 2, Part 1 (§§ 46-5-27, 46-5-28)
Georgia Telecommunications Marketing Act of 1998, codified in Georgia Code Title 46, Chapter 5, Article 5 (see in particular §§ 46-5-187, 46-5-189)
Prohibition of Fraudulent, Deceptive or Abusive Telemarketing by Certain Categories of Individuals Codified in Title 10 of the Georgia Code, Chapter 5B (§§ 10-5b-1 – 10-5b-8)
Fraudulent telephone solicitation is classified as a misdemeanor under Georgia Criminal Code – see Georgia Code Title 16, Chapter 9, Article 4 (§ 16-9-54).
Anti-solicitation via fax, text and other media:
Prohibition of Unsolicited Marketing by Facsimile Codified in Georgia Code Title 46, Chapter 5, Article 2, Part 1 (§ 46-5-25). The law provides enforcement by the Georgia Public Service Commission and classifies violations as misdemeanors.
- Note: The law does not provide for a private right of action. However, a Georgia Court of Appeals has ruled that a private cause of action may be pursued in Georgia courts under the US Telephone Consumer Protection Act. See Spam-Related Law: Georgia Case-Law.
Illegal Trade Practices:
Georgia Fair Business Practices Act of 1975, codified in Georgia Code Title 10, Chapter 1, Article 15, Part 2 (§ 10-1-393)
Georgia Uniform Deceptive Trade Practices Act, codified in Georgia Code Title 10, Chapter 1, Article 15, Part 1 (§§ 10-1-370 – 10-1-375)
Computer crime:
Georgia Computer Systems Protection Act of 1991 as amended by the Georgia Slam Spam E-Mail Act of 2005 (Georgia Laws Act 46 (SB 62)) – codified in Georgia Code Title 16, Chapter 9, Article 6 (§§ 16-9) . -90-16-9-109.1)
- Note: In 2006, the Attorney General of Georgia issued an official statement (2006-2) identifying felonies under section 16-9-102 as felonies in which the accused persons should be fingerprinted by the Georgia Crime Information Center.
Georgia Computer Security Act of 2005, codified in Georgia Code Title 16, Chapter 9, Article 9 (§§ 16-9-150 – 16-9-157)
Additional Resources:
Georgia Governor’s Office of Consumer Protection: Email Spam
