10-5B-3. Rules to prohibit deceptive, fraudulent, or abusive telemarketing activities authorized.

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 Uniform Securities Act of 2008”; 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.”#

Any rules promulgated by the Secretary of State pursuant to subsection (a) of this Code section may include but not be limited to:#

1. (1)

   A definition of deceptive telemarketing activities;#

2. (2)

   A list of criteria that are symptomatic of deceptive telemarketing as distinguished from ordinary telemarketing business practices;#

3. (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. (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. (5)

   Authority for a person who orders any goods or services through telemarketing to cancel the order within a specified period.#

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.”#