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State |
Fines and Penalties |
Citation |
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Federal |
Up to $11,000 per violation. |
See FTC Website: http://telemarketing.donotcall.gov |
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Alabama |
Cease and desist order; Up to $2,000 per violation. |
Ala. Code § 8-19C-6 |
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Alaska |
Injunction; Any order or judgment necessary to restore any person who suffered loss as a result of the act. |
Alaska Stat. § 45.50.501 |
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Arkansas |
Misdemeanor (willful & knowing violation); Restitution; Injunction. |
Ark. Code Ann. §§ 4-88-103; 4-88-104 |
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California |
Same as federal penalty amount (up to $11,000 per violation); Injunction. |
2003 Cal. S.B. 33 § 4 |
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Colorado |
Injunction; Restitution; Up to $2,000 per violation |
Colo. Rev. Stat. §§ 6-1-110; 112 |
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Connecticut |
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. |
Conn. Gen. Stat. § 42-110d |
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Florida |
Injunction or other relief; Up to $10,000 per violation. |
Fla. Stat. ch. 501.059(8) |
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Georgia |
Cease and desist order; Up to $2,000 per violation; Add'l relief in any court of competent jurisdiction. |
Ga. Code Ann. § 46-5-27(h) |
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Idaho |
1st violation-Up to $500; 2nd violation-Up to $2,500; 3rd violation & subsequent-Up to $5,000. |
Idaho Code § 48-1003A(3) |
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Illinois |
1st violation-Up to $1,000 2nd violation & subsequent-Up to $2,500 |
815 ILCS § 402/35(b) |
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Indiana |
Injunction; 1st violation-Up to $10,000; 2nd violation & subsequent-Up to $25,000. |
Ind. Code § 24-4.7-5 |
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Kansas |
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 willful violation. |
2001 Kan. SB 296Kan. Code 50-632, 636 |
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Kentucky |
Injunction; Up to $2,000 per violation; Up to $10,000-if violation is against a person age 60 or over. |
Ky. Rev. Stat. Ann. §§ 367.190; 367.990 |
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Louisiana |
Up to $1,500 per violation; Up to $3,000--if violation is against a person over age 65. |
La. Rev. Stat. Ann. § 844.15 |
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Maine |
Injunction; Actual monetary losses per violation or up to $500 per violation, whichever is greater. |
Me. Rev. Stat. Ann. tit. 10§ 1499 |
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Massachusetts |
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. |
Mass. Gen. Laws ch. 159C, § 8 |
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Michigan |
Misdemeanor punishable by imprisonment of up to 6 months and/or $500 fine; $250 or actual damages, whichever is greater; attorneys' fees. |
2001 Mich. H.B. 4042§ 1c (2)
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Minnesota |
Up to $1,000 per violation. |
Minn. Code § 325E.316(1) |
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Mississippi |
Cease and desist; Up to $5,000 per violation. |
2003 MS S.B. 2445 § 13 |
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Missouri |
Injunction; Up to $5,000 per violation; Add'l relief in any court of competent jurisdiction. |
Mo. Rev. Stat. § 407.1110 |
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Montana |
Injunction; Up to $5,000 per knowing violation; Add'l relief in any court of competent jurisdiction. |
2003 Mont. H.B. 424 |
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Nevada |
Injunction; Up to $2,500 per violation. Reasonable attorney's fees and costs. |
2003 Nev. A.B. 232; Nev. Stat. § 598.0999 |
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New Hampshire |
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. |
2003 N.H. S.B. § 3N.H. Code § 359-E:11 |
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New Jersey |
Up to $10,000 for first offense; Not more than $20,000 for the second and each subsequent offense. |
2002 NJ A.B. 727 § 14;N.J. Stat. 56-8:13 |
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New Mexico |
$500 per violation; Reasonable attorney fees and costs. |
2003 NM S.B. 573 § 4 |
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New York |
Up to $2,000 per violation. |
4 N.Y. St. Reg. 1 § 4603.4(a) |
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North Carolina |
$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. |
2003 NC SB 872(NC Gen. Stat. 75-105) |
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North Dakota |
Up to $2,000 per violation or actual damages, whichever is greater; Costs, expenses, and reasonable attorney's fees; Cease and desist order. |
2003 ND SB 5225 § 1 (ND Code 51-28-11) |
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Oklahoma |
Injunction; Actual damages; Reasonable expenses and investigation fees. |
2001 Okl. S.B. 95015 Okl. St. 756.1(A) |
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Oregon |
Restraining order; Restitution. |
Or. Rev. Stat. § 646.632 |
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Pennsylvania |
$100 or actual damages, whichever is greater; or up to three times actual damages; Additional relief as deemed necessary and proper. |
73 P.S. § 2245.2(k) |
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South Dakota |
Up to $5,000 per offense. |
2003 SD S.B. 41 § 11 |
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Tennessee |
Cease and desist order; Up to $5,000 per violation; Add'l relief in any court of competent jurisdiction. |
Tenn. Code § 65-4-405(f) |
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Texas |
Injunction; Up to $1,000 per violation; Up to $3,000 per willful or knowing violation. |
§ 42.1532001 Tex. H.B. 472 |
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Utah |
To be determined. |
2003 UT S.B. 194 § 7 (F) & (G) |
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Vermont |
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). |
9 V.S.A. § 2464a |
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Wisconsin |
Injunction; Up to $100 per violation. |
Wis. Stat. § 100.52(10)-2001 Wis. Act 16 |
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Wyoming |
1st violation-Up to $500; 2nd violation-Up to $2,500; 3rd violation & subsequent-Up to $5,000. |
Wyo. Stat. § 40-12-304(a) |
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