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Prepared by Copilevitz & Canter, LLC - (816) 472-9000 | This chart is not to be used as a substitute for legal counsel.

Fines and Penalties
Fines and Penalties For Violations Of State DO-NOT-CALL Lists

State

Fines and Penalties

Citation

Federal

Up to $11,000 per violation.

See FTC Website: https://telemarketing.donotcall.gov/

Alabama

Cease and desist order; Up to $2,000 per violation.

Ala. Code § 8-19C-6

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

Arkansas

Misdemeanor (willful & knowing violation); Restitution; Injunction.

Ark. Code Ann. §§ 4-88-103; 4-88-104

California

Same as federal penalty amount (up to $11,000 per violation); Injunction.

2003 Cal. S.B. 33 § 4

Colorado

Injunction; Restitution; Up to $2,000 per violation

Colo. Rev. Stat. §§ 6-1-110; 112

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

Florida

Injunction or other relief; Up to $10,000 per violation.

Fla. Stat. ch. 501.059(8)

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)

Idaho

1st violation-Up to $500; 2nd violation-Up to $2,500; 3rd violation & subsequent-Up to $5,000.

Idaho Code § 48-1003A(3)

Illinois

1st violation-Up to $1,000
2nd violation & subsequent-Up to $2,500

815 ILCS § 402/35(b)

Indiana

Injunction; 1st violation-Up to $10,000; 2nd violation & subsequent-Up to $25,000.

Ind. Code § 24-4.7-5

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 willfull violation.

2001 Kan. SB 296Kan. Code 50-632, 636

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

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

Maine

Injunction; Actual monetary losses per violation or up to $500 per violation, whichever is greater.

Me. Rev. Stat. Ann. tit. 10§ 1499

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

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)

Minnesota

Up to $1,000 per violation.

Minn. Code § 325E.316(1)

Mississippi

Cease and desist; Up to $5,000 per violation.

2003 MS S.B. 2445 § 13

Missouri

Injunction; Up to $5,000 per violation; Add'l relief in any court of competent jurisdiction.

Mo. Rev. Stat. § 407.1110

Montana

Injunction; Up to $5,000 per knowing violation; Add'l relief in any court of competent jurisdiction.

2003 Mont. H.B. 424

Nevada

Injunction; Up to $2,500 per violation. Reasonable attorney's fees and costs.

2003 Nev. A.B. 232; Nev. Stat. § 598.0999

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

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

New Mexico

$500 per violation; Reasonable attorney fees and costs.

2003 NM S.B. 573 § 4

New York

Up to $11,000 per violation.

SB 6041

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)

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)

Oklahoma

Injunction; Actual damages; Reasonable expenses and investigation fees.

2001 Okl. S.B. 95015 Okl. St. 756.1(A)

Oregon

Restraining order; Restitution.

Or. Rev. Stat. § 646.632

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)

South Dakota

Up to $5,000 per offense.

2003 SD S.B. 41 § 11

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)

Texas

Injunction; Up to $1,000 per violation; Up to $3,000 per willfull or knowing violation.

§ 42.1532001 Tex. H.B. 472

Utah

To be determined.

2003 UT S.B. 194 § 7 (F) & (G)

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

Wisconsin

Injunction; Up to $100 per violation.

Wis. Stat. § 100.52(10)-2001 Wis. Act 16

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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