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|
|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?||
|Types of telemarketing fraud||
|Are some calls exempt from the Do Not Call registry?||
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:
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.
Contact a qualified attorney.