Fines and Penalties
Fines and Penalties For Violations Of State DO-NOT-CALL Lists
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State
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Fines and Penalties
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Citation
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Federal
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Up to $11,000 per violation.
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See FTC Website: https://telemarketing.donotcall.gov/
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Alabama
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Cease and desist order;
Up to $2,000 per violation.
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Ala. Code § 8-19C-6
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Alaska
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Injunction;
Any order or judgment necessary to restore any person who suffered
loss as a result of the act.
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Alaska Stat. § 45.50.501
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Arkansas
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Misdemeanor (willful & knowing
violation);
Restitution;
Injunction.
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Ark. Code Ann. §§ 4-88-103; 4-88-104
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California
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Same as federal penalty amount
(up to $11,000 per violation);
Injunction.
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2003 Cal. S.B. 33 § 4
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Colorado
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Injunction;
Restitution;
Up to $2,000 per violation
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Colo. Rev. Stat. §§ 6-1-110; 112
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Connecticut
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Cease and desist order;
Order directing restitution;
Any order or judgment necessary to restore any person who suffered
loss as a result of the act.
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Conn. Gen. Stat. § 42-110d
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Florida
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Injunction or other relief;
Up to $10,000 per violation.
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Fla. Stat. ch. 501.059(8)
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Georgia
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Cease and desist order; Up to
$2,000 per violation; Add'l relief in any court of competent
jurisdiction.
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Ga. Code Ann. § 46-5-27(h)
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Idaho
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1st violation-Up to $500;
2nd violation-Up to $2,500;
3rd violation & subsequent-Up to $5,000.
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Idaho Code § 48-1003A(3)
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Illinois
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1st violation-Up to $1,000
2nd violation & subsequent-Up to $2,500
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815 ILCS § 402/35(b)
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Indiana
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Injunction;
1st violation-Up to $10,000;
2nd violation & subsequent-Up to $25,000.
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Ind. Code § 24-4.7-5
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Kansas
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Declaratory judgment;
Injunction or restraining order;
Reasonable expenses and attorney's fees;
Actual damages;
Up to $10,000 per violation;
Up to $20,000 per willfull violation.
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2001 Kan. SB 296Kan. Code 50-632,
636
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Kentucky
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Injunction;
Up to $2,000 per violation;
Up to $10,000-if violation is against a person age 60 or over.
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Ky. Rev. Stat. Ann. §§ 367.190;
367.990
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Louisiana
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Up to $1,500 per violation;
Up to $3,000--if violation is against a person over age 65.
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La. Rev. Stat. Ann. § 844.15
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Maine
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Injunction;
Actual monetary losses per violation or up to $500 per violation,
whichever is greater.
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Me. Rev. Stat. Ann. tit. 10§ 1499
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Massachusetts
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Injunction;
Up to $5,000 per knowing violation, but not less than $1,500 for
a knowing violation involving a consumer who is 65 years of
age or older.
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Mass. Gen. Laws ch. 159C, § 8
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Michigan
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Misdemeanor punishable by imprisonment
of up to 6 months and/or $500 fine;
$250 or actual damages, whichever is greater; attorneys fees.
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2001 Mich. H.B. 4042§ 1c (2)
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Minnesota
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Up to $1,000 per violation.
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Minn. Code § 325E.316(1)
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Mississippi
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Cease and desist;
Up to $5,000 per violation.
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2003 MS S.B. 2445 § 13
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Missouri
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Injunction;
Up to $5,000 per violation;
Add'l relief in any court of competent jurisdiction.
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Mo. Rev. Stat. § 407.1110
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Montana
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Injunction;
Up to $5,000 per knowing violation;
Add'l relief in any court of competent jurisdiction.
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2003 Mont. H.B. 424
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Nevada
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Injunction;
Up to $2,500 per violation.
Reasonable attorney's fees and costs.
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2003 Nev. A.B. 232; Nev. Stat. § 598.0999
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New
Hampshire
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Injunction;
Up to $5,000 per violation;
Greater of actual damages or $1,000, up to 3 times this amount
if knowing or willful violation.
Attorney's fees.
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2003 N.H. S.B. § 3N.H. Code § 359-E:11
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New
Jersey
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Up to $10,000 for first offense;
Not more than $20,000 for the second and each subsequent offense.
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2002 NJ A.B. 727 § 14;N.J. Stat.
56-8:13
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New
Mexico
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$500 per violation;
Reasonable attorney fees and costs.
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2003 NM S.B. 573 § 4
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New
York
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Up to $11,000 per violation.
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SB 6041
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North
Carolina
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$500 for 1st violation;
$1,000 for 2nd violation;
$5,000 for 3rd and subsequent violations within 2 years of 1st
violation;
Reasonable attorney's fees.
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2003 NC SB 872(NC Gen. Stat. 75-105)
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North
Dakota
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Up to $2,000 per violation or
actual damages, whichever is greater;
Costs, expenses, and reasonable attorney's fees;
Cease and desist order.
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2003 ND SB 5225 § 1 (ND Code 51-28-11)
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Oklahoma
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Injunction;
Actual damages;
Reasonable expenses and investigation fees.
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2001 Okl. S.B. 95015 Okl. St.
756.1(A)
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Oregon
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Restraining order;
Restitution.
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Or. Rev. Stat. § 646.632
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Pennsylvania
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$100 or actual damages, whichever
is greater;
or up to three times actual damages;
Additional relief as deemed necessary and proper.
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73 P.S. § 2245.2(k)
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South
Dakota
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Up to $5,000 per offense.
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2003 SD S.B. 41 § 11
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Tennessee
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Cease and desist order;
Up to $5,000 per violation;
Add'l relief in any court of competent jurisdiction.
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Tenn. Code § 65-4-405(f)
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Texas
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Injunction;
Up to $1,000 per violation;
Up to $3,000 per willfull or knowing violation.
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§ 42.1532001 Tex. H.B. 472
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Utah
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To be determined.
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2003 UT S.B. 194 § 7 (F) & (G)
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Vermont
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Injunction;
Punitive Damages;
Reasonable costs and attorney's fees;
Up to $500 for first violation (civil);
$1,000 for each subsequent violation (civil);
18 months imprisonment and/or $10,000 (criminal).
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9 V.S.A. § 2464a
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Wisconsin
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Injunction;
Up to $100 per violation.
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Wis. Stat. § 100.52(10)-2001 Wis.
Act 16
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Wyoming
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1st violation-Up to $500;
2nd violation-Up to $2,500;
3rd violation & subsequent-Up to $5,000.
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Wyo. Stat. § 40-12-304(a)
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