{"id":375712,"date":"2016-03-31T21:36:23","date_gmt":"2016-04-01T02:36:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/ohio-law\/ohio-telemarketing-fraud-laws.html"},"modified":"2016-06-20T14:00:00","modified_gmt":"2016-06-20T19:00:00","slug":"ohio-telemarketing-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/ohio-law\/ohio-telemarketing-fraud-laws.html","title":{"rendered":"Ohio Telemarketing Fraud Laws"},"content":{"rendered":"\n
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Ohio 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 reviewed\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

A telephone solicitation is communication initiated by or on behalf of a telemarketer or a salesperson and meant to induce the consumer to purchase goods or services.<\/p>\r\n

In Ohio, telemarketing fraud<\/a> can come in the form of sweepstakes or prize calls, credit repair schemes, charity scams or investment rip offs — just to name a few. Senior citizens are particularly at risk for this type of crime. The number of telemarketing scams aimed at seniors has been on the rise, prompting warnings from the U.S. attorney.<\/p>\r\n

Signing up for the 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 most instances, victims will report telemarketing fraud to the federal government, but here is a general overview of Ohio’s state telemarketing laws. See Federal Telemarketing Rules<\/a>, Property Crimes<\/a>, and White Collar Crimes<\/a> for more information.<\/p>\r\n\r\n
Code Section<\/b><\/td>\r\n

Telephone Solicitations Act<\/b>: Ohio Revised Code Section 4719.01<\/a> et seq.<\/p>\r\n

Ohio Telemarketing Fraud Act<\/b>: Section 109.87<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Enforcement Agencies<\/b><\/td>\r\nOhio Attorney General<\/a><\/td>\r\n<\/tr>
Remedies<\/b><\/td>\r\n

Criminal and civil penalties including 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\nConsumers can register for the National "Do Not Call List<\/a>." Telemarketers must stop calling you 30 days after you sign up for the list.<\/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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  • \r\nRequires certain telemarketing businesses operating inside and outside Ohio to register with the Ohio Attorney General\u2019s Office;<\/li>\r\n
  • No contract made through a telemarketing call is valid until the telemarketer receives a signed, written confirmation from the consumer;<\/li>\r\n
  • Requires telemarketers to state their real name, their company\u2019s name and their purpose for calling within the first 60 seconds of a call;<\/li>\r\n
  • Telemarketers must disclose all material information about the goods or services they are offering and terms of the sale. They are prohibited from lying about any terms of the offer.<\/li>\r\n
  • Allows the Ohio Attorney General to enforce federal and state telemarketing laws;<\/li>\r\n
  • Establishes criminal and civil penalties for violations of the law.<\/div>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Do telephone solicitors\/salespeople need to register with the state?<\/b><\/td>\r\nYes, see Ohio Revised Code Section 4719.02<\/a><\/td>\r\n<\/tr>
Definition of "telephone solicitor"<\/b><\/td>\r\n

a person that engages in telephone solicitation directly or through one or more salespersons either from a location in Ohio, or from a location outside Ohio to persons in this state.<\/p>\r\n

"Telephone solicitor" includes, but is not limited to, any person that is an owner, operator, officer, or director of, partner in, or other individual engaged in the management activities of, a business.<\/p>\r\n<\/td>\r\n<\/tr>

Are some calls exempt from the do not call registry<\/b>?<\/td>\r\nThe do not call provisions do not cover calls from political organizations, telephone surveyors, companies with which a consumer has an existing business relationship, or where a consumer has given express written permission to the organization or caller.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Federal Protections against Telemarketing Fraud<\/h2>\r\n

The FCC, FTC, and U.S. Department of Justice enforce federal telemarketing laws including violations of the National "Do Not Call" Registry and deceptive business practices including:<\/p>\r\n