Notes

Manual voice calls to non-DNC numbers require prior express consent. Must register with the Governor's Office of Consumer Protection and post $50,000 bond. Calling hours 8 AM to 9 PM. Must identify yourself, company, and sales purpose at the start. DNC scrub against federal registry required.

ATDS Definition

Georgia defines automated telephone equipment broadly to include any equipment capable of storing or producing telephone numbers and dialing them without human intervention. This is similar to the pre-Duguid standard and is arguably broader than the current federal ATDS definition.

Exemptions

EBR exemption available for manual calls. Registration with Governor's Office of Consumer Protection required for telemarketing.

Statute

O.C.G.A. § 46-5-27

Notes

SMS marketing requires prior express written consent in Georgia. The broad ATDS definition covers automated texting platforms. FCC one-to-one consent rule (Jan 2025) applies. Criminal penalties for pattern violations make unauthorized texting especially risky.

ATDS Definition

Automated text messaging platforms fall under Georgia's automated telephone solicitation restrictions. Any system that stores numbers and sends messages without individual human initiation triggers the consent requirement.

Exemptions

Transactional/informational texts to existing customers may be exempt.

Statute

O.C.G.A. § 46-5-27(c)

Notes

AI voice calls in Georgia require prior express written consent. The combination of automated calling restrictions (criminal penalties for patterns) and Georgia's Fair Business Practices Act (deceptive practices if AI is not disclosed) creates significant liability for AI voice outreach without consent.

ATDS Definition

AI-generated voice calls fall under both the automated telephone equipment provisions and the prerecorded message restrictions. Georgia does not yet have a specific AI disclosure statute, but AI voice calls trigger existing automated calling rules.

Statute

O.C.G.A. § 46-5-27(c)

Notes

Prerecorded messages to Georgia consumers require prior express written consent. Criminal penalties apply: misdemeanor for first offense, potential felony for pattern violations. Prerecorded messages must identify the caller within 30 seconds and provide an opt-out mechanism.

ATDS Definition

Prerecorded messages are explicitly restricted under Georgia's automated telephone solicitation statute. Any prerecorded or artificial voice commercial message requires prior consent.

Exemptions

Emergency notifications and government messages may be exempt.

Statute

O.C.G.A. § 46-5-27(c)

Notes

RVM is not specifically mentioned, but Georgia's broad ATDS and prerecorded message definitions likely cover it. Given the criminal penalties for pattern violations, conservative compliance requires treating RVM as needing prior express written consent.

ATDS Definition

Ringless voicemail is not explicitly addressed in Georgia statute but falls under the broad automated calling and prerecorded message provisions.

Statute

O.C.G.A. § 46-5-27(c)

Notes

MMS marketing follows the same rules as SMS in Georgia. Prior express written consent required for automated sending.

ATDS Definition

MMS messages are treated identically to SMS under Georgia law. Automated multimedia messaging triggers the same consent requirements.

Exemptions

Same exemptions as SMS.

Statute

O.C.G.A. § 46-5-27(c)

Notes

Fax advertising follows federal TCPA rules. Prior express written consent required for unsolicited commercial faxes. EBR exemption with opt-out notice available under federal law.

ATDS Definition

Fax communications are primarily governed by federal TCPA and the Junk Fax Prevention Act. Georgia does not have a separate state fax statute.

Exemptions

EBR exemption available under federal law with opt-out notice on each fax.

Statute

O.C.G.A. § 46-5-27; 47 U.S.C. § 227