09 LC
21 0210
House
Bill 267
By:
Representatives Willard of the
49th
and Wilkinson of the
52nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of
Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as
to clarify certain provisions regarding confidentiality of certain information;
to allow the administrator to provide for disconnection of telephone service
under certain circumstances; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia
Annotated, relating to the "Fair Business Practices Act of 1975," is amended by
revising subsection (d) of Code Section 10-1-393, relating to unfair or
deceptive practices in consumer transactions being unlawful, as
follows:
"(d)
Notwithstanding any other provision of the law to the contrary, the names,
addresses, telephone numbers, social security numbers, or any other information
which could reasonably serve to identify any person making a complaint about
unfair or deceptive acts or practices shall be confidential. However, the
complaining party may consent to public release of his or her identity by giving
such consent expressly, affirmatively, and directly to the administrator or
administrator's employees. Nothing contained in this subsection shall be
construed:
(1) to prevent
the subject
of the complaint, or any other person to whom disclosure
to the
administrator
from disclosing the complainant's identity
may
if the
administrator believes that disclosure
will aid in resolution of the
complaint,
from being informed of the identity of the
complainant,;
(2) to prohibit any valid discovery under
the relevant discovery
rules,;
or
(3)
to prohibit the lawful subpoena of such information."
SECTION
2.
Said
part is further amended in Code Section 10-1-397, relating to the authority of
the administrator to issue cease and desist orders or impose civil penalties,
judicial relief, and receivers, by adding a new subsection to read as
follows:
"(f)(1)
Whenever the administrator issues a cease and desist order to any person
regarding a violation of paragraph (4) of subsection (b) of Code Section
10-1-393, the administrator may certify to the appropriate local or long
distance carrier responsible for billing such person to disconnect the telephone
service furnished to such person and that subsequent calls to that number shall
not be referred by the carrier to any new telephone number obtained by or any
existing number registered to that person.
(2)
If the carrier fails to comply with the certification for disconnection of such
service within 20 days after the order is final, the administrator shall inform
the Public Service Commission of such failure to comply, and the Public Service
Commission shall require the carrier furnishing services to that person to
disconnect the telephone service to the telephone number for such person and
that subsequent calls to that number shall not be referred by the carrier to any
new telephone number obtained by or any existing number registered to that
person.
(3)
The carrier shall not be made a party to any proceedings under this part for
complying with the requirement of this subsection but shall have a right to be
heard as a third party in any such proceedings.
(4)
The suspension of telephone service under this subsection shall remain in effect
in perpetuity unless the administrator certifies to the carrier that the matter
has been resolved.
(5)
Nothing contained in this subsection shall limit or restrict the right of the
carrier to place its own restrictions, guidelines, or criteria, by whatever name
denominated, upon the use of such telephone service, provided such restrictions,
guidelines, or criteria do not conflict with the provisions of this
subsection."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.