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New Hampshire Telemarketing Fraud Laws

Created by FindLaw's team of legal writers and editors | Last reviewed June 19, 2016

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.

Many scams, including telemarketing fraud, take place over the phone. Telemarketing fraud occurs any time a telemarketer places a call to a potential victim and makes a false statement that entices the victim to give money or personal information to the telemarketer. This article provides an overview of the statutes that are designed to deter telemarketing fraud in New Hampshire.

In New Hampshire, a "telemarketer" is defined as any natural person who (for financial profit or commercial purposes in connection with telemarketing) makes telemarketing sales calls to a customer when the customer is in New Hampshire, or any person who directly controls or supervises the conduct of a telemarketer. The table below outlines some of the main requirements and prohibitions that apply to telemarketers in New Hampshire.

Code Section

 New Hampshire Revised Statutes section 359-E: Telemarketing

What's Required?
  • Registration
  • Dialer disconnect, and
  • Identification

Registration

 Any person who wants to use an automatic telephone dialing system for solicitation in New Hampshire must:
  • Register with the consumer protection and antitrust bureau of the Department of Justice at least 10 days before using the system
  • Include the name under which the registrant is doing business and the registrant's business address on the registration, and
  • Pay an administrative fee of $20 per calendar year

Dialer Disconnect

Any automatic telephone dialing system used in New Hampshire shall be operated so that the system will automatically disconnect within 30 seconds after the called party hangs up.

Identification

Any solicitation made via an automatic telephone dialing system must disclose the following information immediately after making contact:
  • The name of the person, company, or organization making the call, and
  • The purpose of the call and what goods or services are being offered (if any)

What's Prohibited?

 

 Blocking: No person using an automated telephone dialing system (or any other method for solicitation) in New Hampshire may block their phone number from being displayed on their customer's caller ID.

Do-Not-Call List

Telemarketers in New Hampshire are prohibited from calling any customer who has registered with the federal Do-Not-Call-Registry. All telemarketers who call customers in the state of New Hampshire are required obtain the quarterly listings of customers in the state who have registered with the do-not-call list.

Federal Enforcement Agencies

If you have been victimized by a telemarketing scam, contact the federal agencies listed below:

Additional Resources

State laws change frequently. For case specific information regarding New Hampshire's telemarketing fraud laws contact a local consumer protection lawyer or criminal defense attorney.

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