Skip to main content

Search

Federal Deception Law: NEW MEXICO

Telemarketing and Robocall Statute: N.M. Stat. §§ 57-12-22 to 57-12-24.

Robocall-Related Definitions: Statute refers to an “automated telephone dialing or push-button or tone-activated address signaling system with a prerecorded message” and to “automatic dialing equipment” but does not otherwise define these terms. § 57-12-22(A), (B)(6), (7).

Federal Deception Law: NEW YORK

Telemarketing and Robocall Statutes: N.Y. Gen. Bus. Law §§ 399-p, 399-pp, 399-z (McKinney); N.Y. Pers. Prop. Law §§ 440 to 448 (McKinney) (Telephone Sales Protection Act). See also N.Y. Pub. Serv. Law § 92-d (McKinney).

Federal Deception Law: NORTH CAROLINA

Telemarketing Statute: N.C. Gen. Stat. §§ 66-260 to 66-266.

Scope: Applies to telephone sellers who attempt to convince the consumer to buy goods or services, enter a contest, or contribute to a charity, with over twenty-five explicit exemptions, including nonprofits, various businesses licensed under other law, certain catalog sales, certain book, record or video clubs, calls leading to face-to-face presentation.

Registration Requirements: Annual registration and filing of basic information required.

Federal Deception Law: NORTH DAKOTA

Telemarketing Statute: N.D. Cent. Code §§ 51-18-01 to 51-18-09.

Scope: Statute governs home solicitation sales and telemarketing. Defines telemarketing broadly, but excludes nonprofit and charitable organizations, the sale of insurance, cable television and newspapers, sales of less than $25, sales by licensed broadcasters, and sales by telecommunications companies. Some restrictions apply only to “telepromoters,” defined more narrowly.

Registration Requirements: None specified.

Federal Deception Law: OHIO

Telemarketing Statute: Ohio Rev. Code Ann. §§ 4719.01 to 4719.99 (West).

Scope: Defines telemarketing broadly, but lists twenty-eight exceptions, such as solicitations by charitable organizations, one-time or infrequent solicitations, solicitations that involve face-to-face contact, numerous businesses licensed under other law, certain catalog sales, certain book, record and video clubs.

Federal Deception Law: OKLAHOMA

Telemarketing Statute: Okla. Stat. tit. 15, §§ 775A.1 to 775A.5 (Commercial Telephone Solicitations).

Scope: Defines telemarketing broadly but lists twenty-one exceptions, such as the sale of securities, newspapers, magazines, food, memberships in book or record clubs, and sales that involve face-to-face contact. Specifically includes text messages.

Registration Requirements: Telephone solicitors must register with the attorney general and post $10,000 bond. §§ 775A-3, 775A-5.

Federal Deception Law: OREGON

Telemarketing Statute: Or. Rev. Stat. §§ 646.551 to 646.578.

Scope: Defines specific types of telemarketing that are covered, and excludes the sale of securities, burial services, newspapers or cable television, sales by supervised financial institutions, sales that involve face-to-face contact, sales to previous customers, and several other exceptions.

Registration Requirements: Telephone solicitors must register with the Department of Justice and pay a fee. § 646.533.

Federal Deception Law: PENNSYLVANIA

Telemarketing and Robocall Statute: 73 Pa. Cons. Stat. §§ 2241 to 2249.

Robocall-Related Definitions: “Robocall” is defined as “a telephone solicitation call made to a large number of people, using a computerized autodialer, to deliver a prerecorded telemarketing message.” § 2242.

Federal Deception Law: RHODE ISLAND

Telemarketing Statute: R.I. Gen. Laws §§ 5-61-1 to 5-61-6.

Scope: Defines specific types of telemarketing that are covered; exempts persons selling securities, farm products, telephone answering services, cable television, newspapers, magazines or memberships in book or record clubs, sales to previous customers, sales involving face-to-face contact, and sales by supervised financial institutions.

Federal Deception Law: SOUTH DAKOTA

Robocall Statute: S.D. Codified Laws §§ 37-30-23 to 37-30-29.

Robocall-Related Definitions: “Automatic telephone dialing system” (ATDS) is “any automatic terminal equipment which stores or produces numbers to be called randomly or sequentially and which delivers a prerecorded message to the number called without assistance of a live operator.” § 37-30-23.

Federal Deception Law: TENNESSEE

Telemarketing and Robocall Statute: Tenn. Code Ann. §§ 47-18-1501 to 47-18-1527 (Consumer Telemarketing Protection Act).

Robocall-Related Definitions: “ADAD equipment” is defined as “any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed.” § 47-18-1501.

Federal Deception Law: TEXAS

Telemarketing Statute: Tex. Bus. & Comm. Code Ann. §§ 302.001 to 302.304 (West) (Regulation of Telephone Solicitation).

Federal Deception Law: UTAH

Telemarketing and Robocall Statute: Utah Code Ann. §§ 13-25a-101 to 13-25a-111 (West) (Telephone and Facsimile Solicitation Act).

Federal Deception Law: VERMONT

Telemarketing Statute: Vt. Stat. Ann. tit. 9, §§ 2464 to 2464d (Telemarketing Transactions).

Scope: “Telemarketer” means any person who initiates telephone calls to, or who receives telephone calls from, a consumer in connection with a plan, program or campaign to market goods and services.

Federal Deception Law: VIRGINIA

Telemarketing Statute: Va. Code Ann. §§ 59.1-21.1 to 59.1-21.7:1.

Scope: Telemarketing, broadly defined, is covered by the state’s home solicitation sales law, which excludes sales of less than $25, sales pursuant to a preexisting charge account or prior negotiations, and sale or lease of farm equipment.

Registration Requirements: None specified.

Federal Deception Law: WASHINGTON

Telemarketing Statute: Wash. Rev. Code §§ 19.158.010 to 19.158.901.

Scope: Defines telemarketing broadly, but lists twenty exceptions, such as isolated transactions, sales by supervised financial institutions, persons calling for charitable, political or other non-commercial purposes, sales that involve face-to-face contact, sales to prior customers, and sales of newspapers, magazines, or memberships in book or record clubs.

Federal Deception Law: WYOMING

Telemarketing and Robocall Statute: Wyo. Stat. Ann. §§ 40-12-301 to 40-12-305 (Telephone Solicitation).

Robocall-Related Definitions: None, but statute refers to “an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called.”

Federal Deception Law: Introduction

This appendix summarizes the main features of state “RICO” statutes—state statutes that parallel the federal Racketeer Influenced and Corrupt Organizations (RICO) statute, which is reprinted in Appendix E.1, supra, and discussed in Chapter 8

Federal Deception Law: ARIZONA

Ariz. Rev. Stat. Ann. §§ 13-2301 to 13-2323

Predicate Offenses: List of state offenses, including usury, extortionate extensions of credit, fraud (specifically including certain fraudulent conduct in marketing and sale of real property), restraint of trade, computer tampering, unlawful possession of access device, some securities offenses; manufacture, sale, or distribution of misbranded (falsely or inadequately labelled) drugs; and trafficking of persons for forced labor or services. A new section on residential mortgage fraud was added in 2007.

Federal Deception Law: CALIFORNIA

Cal. Penal Code §§ 186.1 to 186.8 (West)

Predicate Offenses: List of state offenses, including securities offenses and identity theft, counterfeit labels, certain computer crimes, and human trafficking (defined to include deprivation of liberty, or labor compelled, by fraud or deceit).

Federal Deception Law: CONNECTICUT

Conn. Gen. Stat. §§ 53-393 to 53-403

Predicate Offenses: List of state offenses, including extortionate credit transactions and securities offenses; also collection of unlawful debt.

Pattern: Two or more interrelated offenses. Last offense must have occurred within five years of a prior offense and at least one offense must have occurred after October 1, 1982.