Iowa Telemarketing Fraud Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
Telemarketing fraud occurs when any deception or misrepresentation is made over the phone with the intent of obtaining money or information from the victim. There are both state and federal laws that criminalize telemarketing fraud in the United States.
Telemarketing Fraud in Iowa
|Iowa Code section 714.16(2): Consumer Frauds
It is illegal to use or employ an unfair practice, deception, fraud, false pretense, false promise, or misrepresentation, or conceal, suppress, or omit a material fact with the intent that others will rely on the misrepresentation in connection with the lease, sale, or advertisement of any merchandise or the solicitation of contributions for charitable purposes.
It doesn't make a difference whether or not a person has in fact been misled, deceived, or damaged.
|Iowa Code section 476.57: Limitations on Use of ADAD Equipment
Definition of "ADAD Equipment"
|"ADAD equipment" means automatic dialing device equipment that is used for automatically selecting or dialing telephone numbers, without using live operators, to disseminate prerecorded messages to the numbers selected or dialed.
What's the Rule?
|It is illegal for a person to use, employ, or direct another person to use ADAD equipment except under the following circumstances:
|Calls made with ADAD equipment must terminate the connection within 10 seconds after the person receiving the call acts to disconnect the line.
Violating this law is a serious misdemeanor.
Federal Telemarketing Fraud Laws
There are several federal laws that govern telemarketing. These laws include:
- The FTC's Telephone Sales Rule
- The FCC's Telephone Consumer Protection Act
- The Federal Trade Commission Act
Protect Yourself – The National Do Not Call Registry
Because telemarketing fraud comes in so many shapes and sizes it can be had to recognize fraudulent scams. One easy way to help protect yourself against telemarketing fraud is to register your phone number with the National Do Not Call Registry. Telemarketers aren't allowed to call numbers on the registry, so if you receive a telemarketing call after registering your number then you'll know that it's likely a scam.
State laws change frequently. For case specific information regarding Iowa's telemarketing fraud laws contact a local consumer protection lawyer.
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