Georgia telemarketing & SMS rules for insurance agents

    Photo: Georgia State Capitol with its gold dome Carol M. Highsmith Archive, Library of Congress

    Georgia’s telephone solicitation statute, O.C.G.A. § 46-5-27, sets no calling hours, and the federal 8:00 a.m.–9:00 p.m. window applies to telephone solicitations (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). Calls made with automatic dialing and recorded message (ADAD) equipment are separately barred between 9:00 p.m. and 8:00 a.m. by Public Service Commission Rule 515-12-1-.32(4)(b). What Georgia adds is its own no-call enforcement: no person or entity may make a telephone solicitation to a Georgia residential, mobile or wireless subscriber who has given notice of objection under the Commission’s rules (§ 46-5-27(c)), and the Commission incorporates into the Georgia No Call List the part of the national do-not-call database that relates to Georgia (PSC Rule 515-14-1-.04(c)). Section 46-5-27 contains no exemption for insurance agents. The Attorney General may seek a civil penalty of up to $2,000 for each knowing violation (§ 46-5-27(h)), and a person who receives more than one violating solicitation within 12 months by or on behalf of the same person or entity may sue the caller, the person or entity on whose behalf the call was made, or both (§ 46-5-27(i)).

    Georgia regulates telephone solicitation under the Georgia telephone solicitation (no-call) law, O.C.G.A. § 46-5-27, with Georgia Public Service Commission Rules chapter 515-14-1 (Telemarketing No Call List) and Rule 515-12-1-.32 (ADAD equipment) (O.C.G.A. § 46-5-27 (as revised by Ga. L. 2024, Act 605 (SB 73)); Ga. Comp. R. & Regs. 515-14-1-.03, -.04, -.07; Ga. Comp. R. & Regs. 515-12-1-.32), which layers requirements on top of the federal TCPA. Federal law is a floor, not a ceiling: where the two differ, the stricter rule governs.

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    What time can I call in Georgia?

    Section 46-5-27 contains no calling-hours rule for telephone solicitations, and the federal limit applies: no telephone solicitation to a residential subscriber "before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location)" (47 CFR 64.1200(c)(1); see also 16 CFR 310.4(c)). For ADAD equipment — devices that automatically select or dial numbers and disseminate prerecorded messages — used to advertise or offer goods, services or property primarily for personal, family or household use, or to conduct polls or solicit information, PSC Rule 515-12-1-.32(4)(b) provides: "No calls will be placed between the hours of 9:00 p.m. and 8:00 a.m." The equipment must have an automatic clock and calendar device that prevents unattended operation outside those hours (Rule 515-12-1-.32(4)(c)).

    Are there Sunday or holiday restrictions in Georgia?

    Section 46-5-27 contains no Sunday or holiday rule.

    What consent does Georgia require before the first call or text?

    Section 46-5-27 does not impose a general consent requirement; it defines which calls count. A "telephone solicitation" is any voice communication over a telephone line to encourage the purchase or rental of, or investment in, property, goods or services, but it does not include communications to a subscriber "with that subscriber's prior express invitation or permission," communications by or on behalf of a person or entity with whom the subscriber has a prior or current business or personal relationship, or communications by or on behalf of qualifying charitable organizations (§ 46-5-27(b)(3)(A)–(C)). A call within one of those exclusions is not a telephone solicitation under the section. ADAD calls covered by PSC Rule 515-12-1-.32 require that consent be received before the calls are initiated (Rule 515-12-1-.32(4)(a)).

    Does Georgia treat texting differently from calling?

    Section 46-5-27 does not mention text messages. It defines a telephone solicitation as "any voice communication over a telephone line" for the listed sales purposes, and says such a communication "may be from a live operator, through the use of ADAD equipment as defined in Code Section 46-5-23, or by other means" (§ 46-5-27(b)(3)).

    Does Georgia have its own do-not-call list?

    Georgia’s no-call list is the Georgia part of the national database. Section 46-5-27(c) bars any telephone solicitation to the telephone line of a Georgia residential, mobile or wireless subscriber who has given notice to the Public Service Commission, in accordance with its regulations, of an objection to receiving telephone solicitations. The statute directs the Commission to include in the state database the part of any single national database established by the Federal Communications Commission that relates to Georgia (§ 46-5-27(d)(4)); PSC Rule 515-14-1-.04(c) incorporates that part into the Georgia No Call List by reference, and telephone solicitors obtain the list by accessing the Georgia part of the national database through the FCC (Rule 515-14-1-.07(b)). The Attorney General’s Consumer Protection Division says numbers on the Georgia Do Not Call List were merged into the federal registry after it was established in 2003 and that the federal registry is now the sole registration site for Georgians. Information in the database may be used only to comply with the section or in a proceeding under subsection (h) or (i) (§ 46-5-27(f)(1)).

    Do I need to register to solicit in Georgia?

    Section 46-5-27 contains no registration or bonding requirement for telephone solicitors. Anyone desiring to use ADAD equipment in Georgia must apply to the Public Service Commission for a permit, pay the administrative fee, and renew the permit biennially; permits may be suspended or revoked for violating Commission rules or O.C.G.A. §§ 46-5-27 and 46-5-23 (PSC Rule 515-12-1-.32(2)).

    Are licensed insurance agents exempt in Georgia?

    None in § 46-5-27. The section’s only exclusions from "telephone solicitation" are communications made with the subscriber’s prior express invitation or permission, communications by or on behalf of a person or entity with a prior or current business or personal relationship with the subscriber, and communications by or on behalf of qualifying charitable organizations (§ 46-5-27(b)(3)). None of them names insurance agents or other licensees. Federal telemarketing rules, including the 8:00 a.m.–9:00 p.m. window, apply on their own terms.

    What are the penalties in Georgia?

    The Attorney General may initiate proceedings under O.C.G.A. § 10-1-397 over a knowing violation or threatened knowing violation of subsection (c) (no-call) or (g) (caller identity and caller-ID blocking), including proceedings to issue a cease and desist order, to impose a civil penalty up to a maximum of $2,000 for each knowing violation, and to seek additional relief in superior court (§ 46-5-27(h)). A person who has received more than one telephone solicitation within any 12-month period by or on behalf of the same person or entity in violation of subsection (c) or (g) may bring an action against the person or entity that made the solicitation, the person or entity on whose behalf it was made, or both, to enjoin the violation and to recover attorney’s fees, costs and damages (§ 46-5-27(i)). Knowingly compiling or disseminating information from the no-call database for other than legitimate purposes established by law is a misdemeanor punishable by a fine not to exceed $1,000, and each unauthorized disclosure is a separate offense (§ 46-5-27(f)(2)). The section’s remedies are in addition to all other causes of action, remedies and penalties provided by law (§ 46-5-27(m)).

    Controlling statute

    Georgia telephone solicitation (no-call) law, O.C.G.A. § 46-5-27, with Georgia Public Service Commission Rules chapter 515-14-1 (Telemarketing No Call List) and Rule 515-12-1-.32 (ADAD equipment)O.C.G.A. § 46-5-27 (as revised by Ga. L. 2024, Act 605 (SB 73)); Ga. Comp. R. & Regs. 515-14-1-.03, -.04, -.07; Ga. Comp. R. & Regs. 515-12-1-.32

    Other things that change the answer

    Any person or entity making a telephone solicitation to a Georgia residential, mobile or wireless subscriber must, at the beginning of the call, state clearly the identity of the person or entity initiating the call, and may not knowingly use any method to block or otherwise circumvent the subscriber’s use of a caller identification service (§ 46-5-27(g); PSC Rule 515-14-1-.03(b), (c)). A Georgia court may exercise personal jurisdiction over a nonresident in an action authorized by the section, in accordance with O.C.G.A. § 9-10-91 (§ 46-5-27(l)). The 2024 revision of § 46-5-27 (Act 605, SB 73) took effect May 6, 2024; the 2025 Code revision act (SB 153) made only editorial changes to subparagraph (b)(3)(B) and subsection (n).

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    How APEX enforces these rules on every send

    APEX evaluates each outbound message and call before it leaves the platform. Quiet hours are applied in the contact's local time rather than the agent's, DNC scrubbing runs against federal, state, internal, and litigator lists, and every allow-or-block decision is written to an immutable audit log. See security & compliance for the full guardrail set.

    Configuring a platform correctly does not by itself make a campaign lawful. You remain responsible for your consent records and your calling practices.

    Rules in other states

    All state telemarketing rules for insurance agents

    General information, not legal advice

    This page summarises state telemarketing law as it applied on the review date shown above. It is not legal advice, it does not create an attorney–client relationship, and it may not reflect amendments made since that date. State telemarketing law changes frequently and its application depends on facts specific to your business. Confirm the current statute and consult a qualified attorney before relying on any of it.

    You are responsible for your own compliance and for how you use this information. APEX accepts no liability for decisions made or actions taken on the basis of this page.