{"id":373292,"date":"2016-03-31T21:35:17","date_gmt":"2016-04-01T02:35:17","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/indiana-law\/indiana-telemarketing-fraud-laws.html"},"modified":"2018-03-06T15:51:26","modified_gmt":"2018-03-06T20:51:26","slug":"indiana-telemarketing-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-telemarketing-fraud-laws.html","title":{"rendered":"Indiana Telemarketing Fraud Laws"},"content":{"rendered":"\n
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Indiana 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

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\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

Telemarketing fraud is usually a federal crime prosecuted by the federal government because it’s typically committed across state lines. However, Indiana and other states also have telemarketing fraud<\/a> laws in order to prosecute telemarketing fraud that occurs in their states. In Indiana, the Attorney General’s Office investigates telemarketing fraud. At the federal level, the FTC (Federal Trade Commission<\/a>) is the agency responsible for investigating and prosecuting telemarketing fraud in the U.S.<\/p>\n

Protecting Yourself from Telemarketing Fraud<\/h2>\n

The best way to stop telemarketing fraud is to take preventative steps to protect yourself<\/a>. Some steps you can take are to:<\/p>\n

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  1. Register for the Indiana Do Not Call list online<\/a> or call 1-888-834-9969<\/li>\n
  2. File a complaint against Do Not Call violators online<\/a> or at 1-888-834-9969<\/li>\n
  3. Don\u2019t give out your personal information (for example, Social Security, bank account, or credit card numbers; the name of your spouse or pets; etc) to any unsolicited caller.<\/li>\n
  4. Don\u2019t rush into buying anything by telephone. If a caller is pressuring you to buy, just hang up.<\/li>\n
  5. If a caller wants you to pay over the phone by check or wire transfer, be extremely wary or hang up.<\/li>\n
  6. Ask for a written contract, the cancellation policy, and the contact information of the telemarketer and company he or she represents.<\/li>\n<\/ol>\n

    Indiana Telemarketing Fraud Laws: Statutes<\/h2>\n

    Details on Indiana’s main telemarketing laws are outlined in the table below.<\/p>\n\n

    Code Sections<\/b><\/p>\n<\/td>\n

    Indiana Code, Title 24, Article 4.7: Telephone Solicitation of Consumers<\/a> and Article 5: Consumer Sales<\/a><\/p>\n<\/td>\n<\/tr>

    What is Required or Prohibited?<\/b><\/p>\n<\/td>\n

    Telemarketers must register<\/a> with the Attorney General, if they offer items (such as precious metals, purchase incentive prizes or bonuses, timeshares, camping clubs, office equipment, etc) of $100 to $50,000 in value either from Indiana or to a consumer in Indiana.<\/p>\n

    If telemarketers imply a potential buyer will receive a gift or prize, when registering they must inform the Attorney General<\/a> of:<\/p>\n

    Penalty<\/b><\/p>\n<\/td>\n

    Telemarketers who break the law can be penalized both criminally and civilly. Also, failure to comply with the telephone solicitation laws is a \u201cdeceptive act\u201d under the Indiana Deceptive Consumer Sales Act<\/a> and telemarketers are subject to those penalties as well.<\/p>\n

    Criminal Penalties<\/u><\/p>\n

    Civil Case<\/b><\/p>\n<\/td>\n

    Consumers who are harmed by telemarketing fraud can sue in civil court for their damages, including actual losses, attorney’s fees, and court costs<\/a>.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

    Note:<\/i><\/b> Laws change constantly — it’s important to<\/i> verify the state laws that you are researching<\/i>.<\/p>\n

    Get Legal Help with Your Telemarketing Fraud Case in Indiana<\/h2>\n

    There are plenty of reasons why getting an unsolicited phone call from a marketer could be legitimate, but you want to make sure you follow the law. If you’ve been charged with telemarketing fraud in Indiana, protect your interests by working with an experienced criminal defense attorney<\/a> familiar with these laws.<\/p>\n

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