Robocalls and Telemarketing

Robocalls and telemarketing are two forms of potentially deceptive or illegal advertising or sales practices that effect Arizonans. Both practices involve attempts to contact potential customers through phone calls or text messages and both are subject to the requirements of the Arizona Consumer Fraud Act. 

 “Telemarketing” is a phone call or text message that is made in order to market and sells products and services over the phone. Some telemarketing involves robocalls, but other forms of telemarketing involve a live sales representative who attempts to sell a product or service. 

Use the information below to gain a better understanding and protect yourself from deceptive and illegal robocalls, telemarketing, and telephone frauds. 

 

Robocalls

“Robocalls” are automated telephone calls that deliver a pre-recorded message. Robocalls can be used to deliver public service or emergency announcements, but are increasingly being used by scammers to hook unsuspecting victims. 

Are robocalls illegal?

A robocall trying to sell you something is illegal unless a company has your written permission to call you that way. All prerecorded calls must identify the caller at the beginning of the message and include a contact phone number.

Why do I get so many robocalls?

It’s cheap and easy for scammers and telemarketers to make robocalls over the internet from anywhere in the world.

How do I know if a robocall is a scam?

If someone already is breaking the law by robocalling you without permission, there’s a good chance the call is a scam. At the very least, it’s a company you don’t want to do business with. Don’t rely on your caller ID. Scammers can fake the name and number that shows up, making it look like a call is from a government agency like the Social Security Administration or a local number.

Be wary of any unexpected call:

  1. trying to sell you something; 
  2. telling you that you have won a prize, promotion, or are eligible to receive an inheritance; 
  3. telling you that warranty or some other form of coverage has expired; or
  4. telling you that you owe a debt to a government agency. 

Click on the “Telemarketing” tab below for a list of some other tactics commonly used by illegal telemarketers and scammers.

What can I do to protect myself from robocalls? 

Register your phone numbers. Register your number on the National Do Not Call Registry or confirm that your number is on the Registry. You also can register by dialing (888) 382-1222, TTY: (866) 290-4236. The Registry is a list that tells telemarketers what numbers not to call. Keep in mind that being on the registry can’t block unwanted calls or stop scammers who ignore it.

Report them. If you get an illegal robocall, do not press any numbers or respond to any questions. This could lead to even more calls. Instead, hang up and file a consumer complaint with the Arizona Attorney General’s Office. When you file a complaint:

  • report the number on your caller ID — even if you think the number might be fake or “spoofed”— and any number you’re told to call back. 
  • give as much information as you can, including the date and time of the call. This information helps law enforcement to identify and track down scammers.

Pass it along. Pass this information on to a friend. You may know what to do about unwanted calls, but chances are you know someone who doesn’t.

Click on the “Telephone Frauds” link to learn more about stopping telephone scammers.  

What about political calls and texts?

Although there are fewer restrictions, political campaign-related and charitable robocalls or robotexts must still follow some rules based upon whether a call is delivered to a landline telephone or a cell phone. Political campaign-related and charity related autodialed or prerecorded voice calls, including autodialed live calls, prerecorded voice messages, and text messages, are:

  • Not allowed to call cell phones without prior express consent. However, text messages can be sent without prior consent if the sender does not use autodialing technology to send the text. 
  • Allowed when made to landlines, even without prior express consent.

Why sign up for the do-not-call registry if illegal callers will ignore it?

Having your number on the registry helps the Attorney General’s Office fight against illegal robocalls and telemarketing. When investigating illegal telemarketing campaigns, the Attorney General’s Office frequently performs analyses of numbers called and can seek a monetary penalty for each call to a number that is on the list.

More importantly, having your number on the do-not-call registry can help you reduce the number of unwanted calls and spot potential scammers. Legitimate telemarketing companies will comply with the do-not-call registry, and you can be sure that you do not want to conduct business with companies that do not. If your number is on the do-not-call registry and you are still getting unwanted solicitations, you can safely assume that the callers are scammers or disreputable companies and ignore or block the incoming numbers. 

You can register your home or cellphone number either online at www.donotcall.gov or using the FTC’s toll number at (888) 382-1222, TTY: (866) 290-4236. You must call from the number you wish to register. Registration is free and never expires.

Telemarketing

Telemarketing is the use of a phone to market and sell products and services. Although many telemarketers follow the law, thousands of Arizonans receive unwanted and scam telemarketing calls every day. 

Use the information below to help stop unwanted telemarketing and protect yourself from scammers posing as telemarketers. 

How do I stop telemarketing calls?

Register your phone numbers. Register your number on the National Do Not Call Registry or confirm that your number is on the Registry. You also can register by dialing (888) 382-1222, TTY: (866) 290-4236. The Registry is a list that tells telemarketers what numbers not to call. Keep in mind that being on the Registry can’t block all unwanted calls or stop scammers who ignore it.

Report them. If you get an unwanted and unexpected telemarketing call, hang up and file a consumer complaint with the Arizona Attorney General’s Office. When you file a complaint:

  • report the number on your caller ID — even if you think the number might be fake or “spoofed”— and any number you’re told to call back. 
  • give as much information as you can, including the date and time of the call. This information helps law enforcement to identify and track down the illegal telemarketers.

Pass it along. Pass this information on to a friend. You may know what to do about unwanted calls, but chances are you know someone who doesn’t.

What if I gave the company permission to call? 

If you are on the Do-Not-Call Registry, telemarketers need your permission to contact you to sell their products. Telemarketers obtain this permission through several ways, including: 

  • offering you a prize or promotion that requires you to check a box to be eligible; 
  • asking you to give permission for them to call you in order to receive a price quote; or
  • deceptive notes left on your door that make it look like you missed a package. 

Although companies may have unlawfully obtained your permission to be telemarketed through deception, you can be sure that they will telemarket you once they have that permission. Telemarketing companies might also provide your contact information to associated companies that will then telemarket you as well. 

Fortunately, you can withdraw your consent or permission any time by telling the telemarketer that you do not want to receive future sales calls. Once you have told them this, they are required to place your number on their internal do-not-call list and stop all telemarketing within a reasonable period of time. If they are texting you, you can respond by texting “STOP.”

If you believe that your consent to be telemarketed has been obtained through deception, or if a company continues to telemarket you even after you have requested they stop, you should file a consumer complaint with the Arizona Attorney General’s Office

What if I regret a purchase that I made from a telemarketer?

Certain telemarketers, including sellers of work-from-home opportunities, are required to file a registration statement and other paperwork with the Arizona Secretary of State. Contact the Secretary of State at 602-542-6187 and ask if the company is registered. Under Arizona law, you can cancel a sale by an unregistered seller at any time.

Telemarketing companies must tell you both verbally and in writing that you have the right to cancel your order within three days after receiving the merchandise. If you are not told verbally and in writing about the three-day cancellation period, then you may cancel at any time.

If you wish to cancel your order with a telemarketing company do the following:

  • Cancel your order in writing within three days of placing your order (or, within three days of receiving the merchandise, although earlier is better)
  • Keep a copy of your letter to the telemarketing company
  • If the business does not issue a refund immediately, contact your credit card company or bank to dispute the charges. Provide them with a copy of your cancellation letter. It is important to contact your credit card company as soon as you realize there is a problem, as they will issue a credit only for a limited time.

Telephone Frauds

Telephone fraud is the use of a telephone to trick individuals into paying money. Telephone fraudsters or scammers may pose as legitimate businesses, government agencies, or even family members to trick you into paying them money. 

It’s important to remember, not all telemarketing and robocalling is illegal. Many legitimate companies use these methods to advertise and sell their products. Robocallers and telemarketers who fail to follow the Do-Not-Call Registry could be violating the law, but are not necessarily trying to defraud you. 

In contrast, telephone fraudsters and scammers are criminals who are not offering any legitimate product or service. They are simply trying to steal your money. 

Use the following tips and information to identify and protect yourself from telephone fraud: 

Tactics commonly used by telephone fraudsters:

  • Using a fake caller identification number that appears to be local, a personal call or from a business that you recognize, and doesn’t work if you try to call back.
  • A high-pressure sales approach, urging you to "act now" or the offer won't be available later.
  • Falsely informing you that the marketer is a veteran, disabled, born-again Christian or has some other trait to convince you he or she is trustworthy.
  • Offering you something that sounds too good to be true, such as a "no-risk investment" or the opportunity to make lots of income from home, with little effort on your part.
  • Claiming they are calling on behalf of a police department or government agency and demanding you pay a debt immediately. 
  • Demanding you pay a debt by wire transfer or using prepaid gift cards. 
  • Telling you that you have won a prize or lottery and must pay money or provide personal information to receive payment. 
  • Telling you that you will receive an inheritance. 
  • Asking for your credit card or checking account numbers or other personal financial information, to verify your “eligibility” or check your available credit, before you have agreed to make a purchase, and then charging you without your agreement.
  • Asking you to send money right away, through a wire service or overnight delivery. Fraudulent telemarketers will sometimes offer to pick up the money and the signed contract from your home.

How to stop telephone frauds:

Thousands of Arizonans receive calls and text messages from telephone fraudsters every day. These spam calls and texts are more than just annoying. Scammers and fraudsters can use them to trick unsuspecting customers into sending money or providing sensitive financial information that can be used to steal identities and access bank accounts. Use the following tips and information to help protect yourself from spam calls and texts and the scammers that use them. 

  • Register your number on the National Do Not Call Registry or confirm that your number is on the Registry. You also can register by dialing (888) 382-1222, TTY: (866) 290-4236. The Registry is a list that tells legitimate telemarketers what numbers not to call.
    • Keep in mind that being on the registry can’t block all unwanted calls or stop scammers who ignore it. But you can be sure that you do not want to conduct any business with the companies that ignore it. 
  • If you get an illegal robocall, do not press any numbers or respond to any questions. This could lead to even more calls. Instead, hang up and file a consumer complaint with the Arizona Attorney General’s Office.
    • When you file a complaint, report the number on your caller ID — even if you think the number might be fake (aka spoofed) — and any number you’re told to call back.
    • Give as much information as you can, including the date and time of the call.
    • This information helps law enforcement to identify and track down scammers.
  • Pass this information on to a friend. You may know what to do about unwanted calls, but chances are you know someone who doesn’t.
  • If you get a text message that you were not expecting and it asks you to give personal information, don’t click on any links. Clicking links could expose you to scams, download malware, or get your phone number added to lists that are then sold to other scammers.
  • Legitimate companies won’t ask for your account information by text. If you think the message might be real, contact the company directly. Do not use the phone number provided in the text message.
  • Report the spam text.
  • Report texting scam attempts to your wireless service provider by forwarding unwanted texts to 7726 (or “SPAM”). Then delete the message. 
  • Read commercial web forms and check for a privacy policy when submitting your mobile phone number to any customer website. You should be able to opt out of receiving texts – but you may have to check or uncheck a pre-selected box.
  • Do not respond to unwanted texts from questionable sources.
  • Report it to the Arizona Attorney General’s Office.

Been scammed?
File a complaint today.

The Attorney General’s Office is here to help. If you believe you are the victim of a consumer scam or fraud, file a consumer complaint online right now. You can also call:

Phoenix: (602) 542-5763

Tucson: (520) 628-6648

Outside metro areas: (800) 352-8431

Bilingual consumer protection staff is available to assist.