Title 10, Chapter 5B, Section 3
( 10-5B-3)
(a) The Secretary of State shall be authorized to promulgate rules
to prohibit deceptive or fraudulent telemarketing activities and
other abusive telemarketing activities by persons subject to the
provisions of Chapter 5 of this title, the "Georgia Securities Act
of 1973"; the provisions of Chapter 5A of this title, relating to
commodities and commodity contracts and options; the provisions of
Chapter 14 of Title 43, relating to electrical contractors,
plumbers, conditioned air contractors, low-voltage contractors, and
utility contractors; or the provisions of Chapter 17 of Title 43,
the "Georgia Charitable Solicitations Act of 1988." (b) Any rules promulgated by the Secretary of State pursuant to
subsection (a) of this Code section may include but not be limited
to: (1) A definition of deceptive telemarketing activities; (2) A list of criteria that are symptomatic of deceptive
telemarketing as distinguished from ordinary telemarketing
business practices; (3) A requirement that telemarketers may not undertake a pattern
of unsolicited telephone calls which the reasonable consumer would
consider coercive or abusive of such consumer's right to privacy; (4) A requirement that goods or services offered by telemarketing
be shipped or provided within a specified period and that, if the
goods or services are not shipped or provided within such period,
a refund shall be required; and (5) Authority for a person who orders any goods or services
through telemarketing to cancel the order within a specified
period. (c) No rules promulgated pursuant to this Code section shall in any
way limit the scope or application of Part 2 of Article 15 of
Chapter 1 of this title, the "Fair Business Practices Act of 1975." |