Idaho Telemarketing Fraud Laws

Created by FindLaw's team of legal writers and editors.

While placing unsolicited telemarketing calls is a legitimate business model, telephone solicitations that constitute telemarketing fraud are illegal. Telemarketing fraud occurs when someone places a call and makes a false statement with the intent that the victim will rely on the misrepresentation and give money to the caller. This article provides a brief overview of Idaho's telemarketing fraud laws.

Telemarketing fraud in Idaho is prohibited under the Idaho Solicitation Act. The table below outlines the unlawful acts that constitute telemarketing fraud in Idaho.

Code Section

Idaho Code section 48-1003: Unlawful Acts

What's Prohibited?

It is illegal for a telephone solicitor to:
  • Intimidate or torment any person in connection with a telephone solicitation
  • Refuse to hang up immediately once requested to do so by the purchaser
  • Misrepresent the price, quality, or availability of the goods or services being offered
  • Fail to disclose all material matters regarding the offered goods or services
  • Falsely advertise, represent, or imply that the solicitor has the approval or endorsement of any government agency
  • Falsely advice, represent, or imply that the solicitor has a valid registration number
  • Utilize any device or method to block the identity of the solicitor on a caller identification device
  • Fail to comply with Idaho's unfair solicitation practices statute
  • Violate any applicable provision of the Idaho Telephone Solicitation Act, or
  • Send an unsolicited advertisement to a telephone facsimile machine

Statute of Limitations

 

Idaho's statute of limitations prevents private actions from being brought under the Idaho Solicitation Act more than two years after the cause of action accrues.

Unfair Solicitation Practices

In order to deter telemarketing fraud, Idaho also has an unfair solicitation practices statute that requires telephone solicitors to immediately state the following disclosures when placing a sales call:

  • The solicitor's name
  • The name of the organization that the solicitor is calling on behalf of, and
  • The kinds of goods or services being offered for sale

Additionally, it is illegal for telephone solicitors to use any plan, scheme, or ruse that misrepresents his or her true mission or purpose for placing the call.

The National Do Not Call List

One easy was to help protect yourself from falling victim to a telemarketing fraud scam is to register your phone number with the National Do Not Call List. Most telephone solicitors are not allowed to call numbers listed on the national registry, so any telemarketing calls that you receive after registering your number should be treated with caution.

Additional Resources

State laws change frequently. For case specific information regarding Idaho's telemarketing fraud laws contact a local consumer protection lawyer.

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