Delaware Telemarketing Fraud Laws
Telemarketing fraud occurs when an offender makes intentional misrepresentations over the phone in order to unlawfully obtain money or personal information from a victim. In Delaware, telemarketing fraud is criminalized under the Delaware Telemarketing Fraud Act. The purpose of this act is to set standards of conduct for organized commercial telemarketing within Delaware and to protect consumers from unfair, deceptive, or abusive practices by telemarketers.
In Delaware, "telemarketing" is defined as an organized activity, program, or campaign by one or more telemarketers that is conducted for solicitation of a sale of merchandise through the use of one or more telephones to contact customers. In order to deter telemarketing fraud, the acts outlined in the table below are illegal in Delaware.
|Delaware Code section 2507A: Prohibited Acts and Practices|
|It is a prohibited telemarketing act for any person to:
|Class F felony.|
The prohibited acts listed in the chart above do not apply to all telemarketers. For example, the Delaware's Telemarketing Fraud Act isn't applicable to the following telemarketing solicitations:
- Solicitations in which payment isn't required until after a face-to-face sales presentation to the customer is made by the telemarketer
- Communications initiated by a customer that aren't the result of solicitation by the telemarketer
- Solicitations regarding the sale of goods or services between businesses
- Use of telemarketing for fundraising and noncommercial purposes by religious, charitable, political, educational, labor, or qualifying social organizations
- Use of telemarketing on behalf of a licensed insurance broker, agent, customer representative, or solicitor when making solicitations is within the scope of the person's license
- Use of telemarketing on behalf of a person lawfully registered with the Delaware Securities Commissioner and is acting within the scope of the person's registration
- Use of telemarketing on behalf of a supervised financial institution, or
- Using telephones solely to receive calls initiated by customers responding to the business' catalogue
Which Federal Laws Apply to Telemarketing?
The main federal telecommunication laws are:
- The FTC's Telephone Sales Rule
- The FCC's Telephone Consumer Protection Act
- The Federal Trade Commission Act
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