{"id":374315,"date":"2016-04-11T01:22:51","date_gmt":"2016-04-11T06:22:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-telemarketing-fraud-laws.html"},"modified":"2016-06-20T00:00:00","modified_gmt":"2016-06-20T05:00:00","slug":"minnesota-telemarketing-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-telemarketing-fraud-laws.html","title":{"rendered":"Minnesota Telemarketing Fraud Laws"},"content":{"rendered":"\n
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Minnesota 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

They always seem to call right in the middle of dinner, don’t they? It feels like telemarketers know exactly when and how to annoy us the most. But these calls aren’t just a hassle – they can be costly as well. So how does the North Star State regulate telemarketers to make sure they’re telling the truth and won’t abuse our personal information? Here’s a brief introduction to telemarketing fraud laws in Minnesota.<\/p>\r\n

Statutes Regulating Telemarketing<\/h2>\r\n

Because most telemarketing calls are placed across state lines, telemarketing fraud<\/a> as a crime is generally prosecuted at the federal level. The Federal Trade Commission<\/a> (FTC) is the agency responsible for investigating and prosecuting interstate telemarketing fraud. In the interest of protecting its citizen consumers, Minnesota, like many other states, enforces its own telemarketing fraud laws as well. Minnesota’s Attorney General’s Office<\/a> investigates telemarketing fraud within the state and enforces the state’s telemarketing regulations.<\/p>\r\n

Minnesota Telemarketing Fraud Statutes<\/h2>\r\n

Telemarketing laws in Minnesota main are highlighted in the chart below.<\/p>\r\n\r\n

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

MN Statutes \u00a7325E.26, et seq.<\/a><\/p>\r\n<\/td>\r\n<\/tr>

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

Telemarketers cannot use an automatic dialing-announcing device<\/a> unless:<\/p>\r\n

(1) the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or<\/p>\r\n

(2) the message is immediately preceded by a live operator who obtains the subscriber’s consent before the message is delivered.<\/p>\r\n

 <\/p>\r\n

Telemarketers cannot use an automatic dialing-announcing device nor make any commercial telephone solicitation before 9:00 a.m. or after 9:00 p.m<\/a>.<\/p>\r\n<\/td>\r\n<\/tr>

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

The Minnesota Attorney General is entitled<\/a>, on behalf of the state;<\/p>\r\n

(a) to sue for and have injunctive relief in any court of competent jurisdiction against any such violation or threatened violation without abridging the penalties provided by law; and<\/p>\r\n

(b) to sue for and recover for the state, from any person who is found to have violated any of the laws referred to in subdivision 1, a civil penalty, in an amount to be determined by the court, not in excess of $25,000.<\/p>\r\n<\/td>\r\n<\/tr>

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

Any person injured by a violation of telemarketing may bring a civil action and recover damages, together with costs and disbursements, including costs of investigation and reasonable attorney’s fees, and receive other equitable relief as determined by the court. The court may, as appropriate, enter a consent judgment or decree without the finding of illegality.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

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

There are several preventative measures you can take to protect yourself<\/a> from telemarketing fraud:<\/p>\r\n