Federal Deception Law: 31 U.S.C. § 3733. Civil investigative demands
(a) In general.—
(a) In general.—
Telemarketing Statute: Ala. Code §§ 8-19A-1 to 8-19A-24 (Telemarketing); Ala. Code §§ 8-19C-1 to 8-19C–12 (Do-Not-Call List).
Telemarketing and Robocall Statute: Alaska Stat. § 45.50.475.
Robocall-Related Definitions: None.
Scope: Excludes calls in response to called party’s request; certain calls from charitable organizations or their volunteers; calls limited to soliciting the expression of ideas, opinions, or votes; business-to-business calls; and certain calls to recent customers.
Registration Requirements: None.
Telemarketing and Robocall Statute: Ariz. Rev. Stat. Ann. §§ 44-1271 to 44-1282.
Robocall-Related Definitions: No relevant definitions, but statute refers to “automatic terminal equipment that uses a random or sequential number generator.” § 44-1278(5).
Telemarketing Statute: Ark. Code Ann. §§ 4-99-101 to 4-99-408.
Scope: Defines specific types of telemarketing that are covered, and excludes persons selling securities, insurance, newspapers, magazines or memberships in book or record clubs, sales to previous customers, sales that involve face-to-face contact, and sales made by supervised financial institutions or burial associations, or public utilities. § 4-99-103(9).
Telemarketing Statute: Cal. Bus. & Prof. Code §§ 17511 to 17514 (West); Cal. Bus. & Prof. Code §§ 17591 to 17594 (West).
Scope: Defines specific types of telemarketing that are covered, and lists twenty-two exceptions such as the sale of securities, sales made to previous customers, and sales that involve face-to-face contact. Exception for solicitations by certain tax-exempt organizations.
Telemarketing Statute: Colo. Rev. Stat. §§ 6-1-301 to 6-1-305; Colo. Rev. Stat. §§ 6-1-901 to 6-1-908.
Scope: Defines telemarketing broadly but lists twenty exceptions, such as the sale of securities, newspapers or insurance, sales involving face-to-face contact, sales made by supervised financial institutions, and catalog sales.
Telemarketing Statute: Conn. Gen. Stat. §§ 42-284 to 42-288c.
Telemarketing Statute: Del. Code Ann. tit. 6, §§ 2501A to 2510A.
Scope: Defines telemarketing broadly, and lists ten exemptions such as sales involving a face-to-face pre-sale presentation, customer-initiated calls that are not a result of a telemarketing solicitation, business-to-business transactions, solicitations by charities and nonprofits, insurance, securities, certain catalog sales, calls by supervised financial institutions, and goods or services regulated by PUC or FCC.
Telemarketing Statute: D.C. Code §§ 22-3226.01 to 22-3226.15.
Telemarketing Statute: Fla. Stat. § 501.059; Fla. Stat. §§ 501.601 to 501.626 (Florida Telemarketing Act).
Scope: Defines telemarketing broadly. Numerous exemptions including single transaction, charitable or political, calls leading to face-to-face transaction, securities, newspapers, certain book or recording clubs, insurance, cable television, certain business-to-business transactions, certain catalog sales, periodicals.
Telemarketing Statute: Ga. Code Ann. §§ 10-5B-1 to 10-5B-8, §§ 10-1-393.5, 10-1-393.6, 10-1-393.13.
Scope: Defines telemarketing broadly.
Registration Requirements: None specified.
Telemarketing Statute: Haw. Rev. Stat. §§ 481P-1 to 481P-8.
Scope: Telemarketing broadly defined, including investment opportunities and recovery services. Exemptions include polling, political or charitable calls, certain catalog sales, certain businesses regulated under other laws, i.e., securities, real estate, insurance.
Registration Requirements: None specified.
Telemarketing and Robocall Statute: Idaho Code §§ 48-1001 to 48-1010.
Robocall-Related Definitions: “Automatic dialing-announcing device” (ADAD) means “a device that selects and dials telephone numbers and that, working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called.” § 48-1003C(1).
Telemarketing Statute: 815 Ill. Comp. Stat. §§ 413/1 to 413/25; 815 Ill. Comp. Stat. § 505/2P.1.
Scope: Defines telemarketing broadly, with exceptions for calls made by autodialers, registered securities dealers, registered investment advisers, registered sellers of securities, or licensed insurance agents. Also exceptions for banks and credit unions.
Registration Requirements: None specified.
Telemarketing Statute: Ind. Code §§ 24-5-12-1 to 24-5-12-25.
Telemarketing Statute: Iowa Code § 714.8(15).
Scope: Applies to persons who obtain or attempt to obtain another’s property by deception through telephone communications involving direct or implied claims that the other person has won, or is about to win, a prize or may be able to recover losses suffered in connection with a prize promotion.
Registration Requirements: None specified.
Substantive Law: Criminalizes deceptive telemarketing prize promotions and recovery room operations.
Telemarketing and Robocall Statute: Kan. Stat. Ann. §§ 50-670 to 50-679a.
Telemarketing and Robocall Statute: Ky. Rev. Stat. Ann. §§ 367.461 to 367.46999 (West).
Robocall-Related Definitions: “Automated calling equipment” is defined as any device or combination of devices which is used to select or dial telephone numbers and to deliver recorded messages to the numbers so selected or dialed.
Telemarketing Statute: La. Stat. Ann. §§ 45:821 to 45:833.
Scope: Defines specific types of telemarketing that are covered and lists twenty exceptions, such as sales to previous customers, sales involving face-to-face contact, sales made by supervised financial institutions, and the sale of newspapers and securities.
Telemarketing and Robocall Statutes: Me. Stat. tit. 10, §§ 1498, 1499-A, 1499-B.
Robocall-Related Definitions: “Automated telephone calling device” (ADCD) means “any system or equipment, including a facsimile machine, that selects, dials or calls telephone numbers and plays recorded messages or attempts to send facsimiles.” § 1498(1).
Telemarketing Statutes: Md. Code Ann., Com. Law §§ 14-2201 to 14-2205 (West) (Maryland Telephone Solicitations Act); Md. Code Ann., Com. Law §§ 14-3201 to 14-3202 (West) (Maryland Telephone Consumer Protection Act) (West).
Telemarketing and Robocall Statute: Mass. Gen. Laws ch. 159, § 19E.
Scope: Statute covers all sales of goods or services made by telephone to the consumer’s residence.
Registration Requirements: None specified.
Substantive Law: Solicitors must immediately disclose their identity, the trade name of the person they represent, and the kinds of goods or services being offered for sale. Solicitors are prohibited from using a plan or scheme which misrepresents their true purpose.
Telemarketing and Robocall Statute: Mich. Comp. Laws §§ 445.111 to 445.111e. See also Mich. Comp. Laws §§ 445.113, 445.116.
Robocall-Related Definitions: None, but prohibition applies to any “telephone solicitation that consists in whole or in part of a recorded message.” § 445.111a(1).
Telemarketing and Robocall Statute: Minn. Stat. §§ 325E.26 to 325E.31 (Automatic Dialing-Announcing Devices).
Robocall-Related Definitions: “Automatic dialing-announcing device” is defined as “a device that selects and dials telephone numbers and that, working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called.” § 325E.26.