Arizona Telemarketing Fraud Law

In Arizona, telemarketing fraud is usually perpetrated by businesses or individuals that convey false and misleading statements, promises, or presentations to encourage the sale of a product or services. There are many different types of telemarketing fraud, but a common factor is the attempt to make a profit without providing anything of real value. Fraudulent telemarketers use phony prizes, cheap products and high-pressure sales tactics to defraud consumers.

Does Arizona have a Law against Telemarketing Fraud?

Arizona’s Telephone Solicitations statute requires telemarketers to make certain disclosures and prohibits certain misrepresentations. The statute requires most telemarketers to file a registration statement with the Secretary of State and a bond with the State Treasurer’s Office .

The law also requires all telemarketing companies to tell their customers, both orally and in writing, that they have the right to cancel their order within three days after receiving the merchandise or any gifts or prizes, although many telemarketers do not comply with this law.

"Do Not Call Registry"

Signing up for the nationwide "Do Not Call Registry" will help cut down significantly on the telemarketing calls you receive at home. Most telemarketers must take your home phone number off of their call lists if you've signed up for the Registry.

In many instances, victims will report telemarketing fraud to the federal government, but here is a general overview of Arizona's telemarketing fraud laws. See Federal Telemarketing Rules, Property Crimes, and White Collar Crimes for more information.

What is a telephone solicitor?

"Telephone solicitor" means a person, other than a seller or employee of a seller, who uses a telephone to seek sales or rentals of merchandise on behalf of a seller or uses a telephone to verify sales or rentals for a seller.

Enforcement Agencies Office of the Attorney General and local district attorneys
Remedies

Criminal and civil penalties including fines, declaratory judgments, injunctions, individual damages, reasonable attorney's fees and class action lawsuits .

Hours Calls can only come between 8 a.m.-9 p.m.
Do Not Call Registry

National "Do Not Call" List

Telemarketers must then remove every name on the Do Not Call list from their calling lists within 30 days of receiving the list. A violation of the law carries a civil penalty of up to $1,000 per act.

Who Can Bring an Individual Lawsuit? The Attorney General, a county prosecutor, or individual consumer may bring a lawsuit.
What are the telemarketing rules?
  • Prohibits telemarketers from making sales calls to Arizona residents who have placed their
    residential and/or mobile phone numbers on the national “Do Not Call” registry;
  • Prohibits telemarketers from calling Arizona residents between the hours of 9 p.m. and
    8 a.m.
  • Bars telemarketers from intentionally blocking caller identification;
  • Requires telemarketers at the beginning of every sales call to disclose the name of person making the call, as well as the name of the telemarketing company, the name of person or company the telemarketer is calling on behalf of and the purpose of the call.
Types of telemarketing fraud
  • investment and business opportunities
  • credit card, credit repair, or loans
  • charity schemes
  • prize promotion and sweepstakes
  • misrepresented office supplies
  • lottery tickets
  • timeshare rentals
  • vacation offers
  • vitamin and health products
  • vending machines
  • pyramid schemes
  • advanced fee fraud (claiming that the victim will receive a loan, lottery prize, government grant, etc.)
Are some calls exempt from the Do Not Call registry?

 

  • Calls that you request;
  • Calls made by businesses to existing customers or to consumers who have done business with the company in the past 12 months - for example: calls from banks with whom you have accounts or your credit card company
  • Debt collection calls
  • Calls from tax-exempt charitable or fraternal organizations;
  • Calls from veterans organizations;
  • Calls made on behalf of political groups or candidates.

Federal Protections against Telemarketing Fraud

The FCC, FTC, and US Department of Justice enforce federal telemarketing laws including violations of the National "Do Not Call" Registry and deceptive business practices including:

Enforcement Agencies

If you feel you have been victimized by a telemarketing scam, here is some contact information that can help you:

Because telemarketing laws can sometimes get complicated, it may also be a good idea to consult an experienced consumer protection lawyer in Arizona if you have questions about your specific situation.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.