Signed by Governor Sonny Perdue

Vote Smart's Synopsis:

Vote to pass a bill that regulates the use of automatic dialing and recorded message (ADAD) equipment, and requires a live operator obtain a subscriber's consent before an automatic call can be made.

Highlights:

- Requires the live operator to provide information about their organization, purpose, what message is being promoted, and if funds will be solicited before connecting the subscriber to the automatic message [sec. 1 (c)]. - Prohibits the use of ADAD equipment that does not disconnect within ten seconds after a completed call [sec.1 (d)]. - Prohibits the use of ADAD equipment that randomly or sequentially generates numbers and does not avoid calling hospitals, emergency numbers, cell phones and numbers on the do-not-call list [sec.1 (d)] -Prohibits the use of ADAD equipment before 8:00 A.M. or after 9:00 P.M. [sec.1 (e)]. - Finds that anyone who knowingly violates any of the above provisions (Section 1) is guilty of a misdemeanor and subject to a cease and desist order, a civil penalty of $2,000 per knowing violation, and further legal action in higher courts for each subsequent violation [sec. 1 (g) (k)]. - Grants the Governor's Office of Consumer Affairs the responsibility of receiving complaints, investigating cases, and initiating proceedings against violators of this act [sec. 1 (g)]. - Allows individuals having received more than one unauthorized automatic call by the same person or organization per year to bring a civil action for actual monetary loss or $2,000, whichever is greater [sec. 1 (h)]. - Requires those who seek to utilize ADAD equipment to submit an application and fee to obtain a permit that must be renewed every two years [sec. 2 (a)]. - Requires telephone companies to disconnect the phone lines of automatic callers who failed to obtain a permit within ten days of notification [sec. 2 (b)]. - This is a substitute bill offered by the Senate Agriculture and Consumer Affairs Committee.

Full Bill Text