{"id":371600,"date":"2016-03-31T21:34:25","date_gmt":"2016-04-01T02:34:25","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arizona-law\/arizona-telemarketing-fraud-law.html"},"modified":"2018-07-20T16:04:30","modified_gmt":"2018-07-20T21:04:30","slug":"arizona-telemarketing-fraud-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arizona-law\/arizona-telemarketing-fraud-law.html","title":{"rendered":"Arizona Telemarketing Fraud Laws"},"content":{"rendered":"\n
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Arizona Telemarketing Fraud Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Arizona, telemarketing fraud<\/a> 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.<\/p>\r\n

Does Arizona have a Law against Telemarketing Fraud?<\/h2>\r\n

Arizona\u2019s Telephone Solicitations<\/a> 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<\/a> and a bond with the State Treasurer\u2019s Office<\/a> .<\/p>\r\n

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.<\/p>\r\n

"Do Not Call Registry"<\/h2>\r\n

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.<\/p>\r\n

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<\/a>, Property Crimes<\/a>, and White Collar Crimes<\/a> for more information.<\/p>\r\n\r\n
What is a telephone solicitor?<\/b><\/td>\r\n

"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.<\/p>\r\n<\/td>\r\n<\/tr>

Enforcement Agencies<\/b><\/td>\r\nOffice of the Attorney General and local district attorneys<\/a><\/td>\r\n<\/tr>
Remedies<\/b><\/td>\r\n

Criminal and civil penalties including fines, declaratory judgments, injunctions<\/a>, individual damages, reasonable attorney's fees and class action lawsuits<\/a>.<\/p>\r\n<\/td>\r\n<\/tr>

Hours<\/b><\/td>\r\nCalls can only come between 8 a.m.-9 p.m.<\/td>\r\n<\/tr>
Do Not Call Registry<\/b><\/td>\r\n

National "Do Not Call<\/a>" List<\/p>\r\n

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.<\/p>\r\n<\/td>\r\n<\/tr>

Who Can Bring an Individual Lawsuit?<\/b><\/td>\r\nThe Attorney General, a county prosecutor, or individual consumer may bring a lawsuit.<\/td>\r\n<\/tr>
What are the telemarketing rules?<\/b><\/td>\r\n
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  • Prohibits telemarketers from making sales calls to Arizona residents who have placed their
    \r\nresidential and\/or mobile phone numbers on the national \u201cDo Not Call\u201d registry;<\/li>\r\n
  • Prohibits telemarketers from calling Arizona residents between the hours of 9 p.m. and
    \r\n8 a.m.<\/li>\r\n
  • Bars telemarketers from intentionally blocking caller identification;<\/li>\r\n
  • 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.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Types of telemarketing fraud<\/b><\/td>\r\n
    \r\n
  • investment and business opportunities<\/li>\r\n
  • credit card, credit repair, or loans<\/li>\r\n
  • charity schemes<\/li>\r\n
  • prize promotion and sweepstakes<\/li>\r\n
  • misrepresented office supplies<\/li>\r\n
  • lottery tickets<\/li>\r\n
  • timeshare rentals<\/li>\r\n
  • vacation offers<\/li>\r\n
  • vitamin and health products<\/li>\r\n
  • vending machines<\/li>\r\n
  • pyramid schemes<\/li>\r\n
  • advanced fee fraud (claiming that the victim will receive a loan, lottery prize, government grant, etc.)<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Are some calls exempt from the Do Not Call registry<\/b>?<\/td>\r\n