Skip to main content
The Iowa Legal Aid Website (ILAW)
 
HOPE. DIGNITY. JUSTICE.
 
 
  Larger Text
 
 
  Search
   Tips on Searching

 
Find Legal Help On Other Consumer/Finance
Related Resources
They Got Their Judgment, Now What Can They Take?
By: Iowa Legal Aid
Shopping for an Assistive Technology Device
By: Iowa Legal Aid
The Basic Rules of Credit Cards
By: Iowa Legal Aid
more...
Protecting Yourself from Telephone Marketing Fraud
by: Iowa Legal Aid

Telemarketers often use illegal and deceptive practices such as contests, free prizes, sweepstakes, fake charities and other tricks to seduce older Iowans out of their hard-earned savings.  Examples of high pressure sales and suspicious offers include:

  • An offer that sounds too good to be true.
  • Demands that you "act right now".
  • Requests for your credit card number or bank account number, especially for "identification" or to "confirm you have won a prize".
  • The caller's refusal to mail you information about their organization.
  • Demands that payment be made with cash, check, or by giving your bank account number.
  • Claims that you have won a prize.
  • Offers for "Credit Card Loss Protection".
  • Offers for "Advance Fee Loans" where you're asked to pay fees before you get a loan.

Federal and Iowa Protections Against Telemarketers.  Several Federal and State of Iowa laws and rules help protect against telemarketers and deceptive practices: 

  1. The "National Do Not Call Registry."  This 2003 Federal Trade Commission rule allows you to sign up for a free registry that prevents most telemarketers from even calling.  You can register online at www.donotcall.gov or call toll free to 1-888-382-1222 from the telephone number you want to register.  The registry stops most telemarketing calls.  It does not stop calls from charities, political organizations and telephone surveys. It also does not stop calls from companies you already do business with or have made inquiries to.
  2. Caller ID.    Beginning in January 2004, a telemarketer's telephone number (and name if possible) must show on your caller ID service.  This will help you recognize when a telemarketer is calling.
  3. Other Legal Protections.  If you are not on the National Do Not Call Registry and get calls from a telemarketer, other Iowa and Federal Trade Commission rules can protect you:

If you tell a telemarketer not to call again, they cannot call you back.  If they do, you can sue to stop the calls and may be able to get penalties of $500 or more. Even if you don't tell them to stop calling, a telemarketer cannot repeatedly or continuously call you.

  • A telemarketer cannot call you before 8:00 a.m. or after 9:00 p.m.
  • A telemarketer must disclose that the call is to sell something, who the seller is and what they are selling before they start their sales pitch. If they are offering a prize or sweepstakes promotion, they must tell you that no purchase or payment is necessary to win.
  • A telemarketer cannot misrepresent any information about the product or service offered or the nature of the prize in any prize or sweepstakes promotion.  If they are selling an investment, they cannot misrepresent the earnings potential, profitability, risk or liquidity.
  • A telemarketer cannot use threats, intimidation or profanity.
  • A telemarketer must accurately disclose all material information relating to the sale, including the total costs involved, any restrictions on getting or using the product or services, their refund or exchange policies, the odds of getting a promotional prize and the costs or conditions of receiving a prize.
  • A telemarketer cannot access your bank account without your express authorization, which must either be in writing or tape-recorded.

Note that not all calls are covered by these rules.  For example, catalog sales, and certain calls initiated by you are not covered.  

Unfortunately, these rules do not stop all telemarketers from acting illegally.  Many are paid a large commission on sales and tend to ignore the rules.  The best way to avoid problems is to never agree to buy anything over the telephone.  Instead of wasting your time listening to a sales pitch, just say "No Thank You" and hang up! Better yet, sign up for the National Do Not Call Registry.  This will help prevent calls in the first place.
     
There may also be other state and federal telemarketing laws that affect your rights and obligations.  If you are over 60, you may call the Legal Hotline for Older Iowans at 1-800-992-8161 with questions about the National Do Not Call Registry and telephone marketing fraud.

Last Reviewed On: 01/02/08
 
 

READ THIS BEFORE USING ANY PART OF THE IOWA LEGAL AID WEBSITE (ILAW) If you cannot afford a lawyer and have a legal problem in Iowa, you may be able to get free legal help. Call Iowa Legal Aid. To find out which office serves your county, call 1-800-532-1275 or 515-243-2151 in the Des Moines calling area. If you are age 60 or over, you may be able to get free legal advice from The Legal Hotline for Older Iowans at 1-800-992-8161 or 282-8161 in Des Moines. All numbers are Voice and TTY.

This Website Does NOT Give Legal Advice. When you use ILAW, you are just making a request for information. No part of this site or any link found through this site is meant to give you legal advice. Using any part of this site does not make you a client. If you send an e-mail to anyone you reach through this site, it does not make you a client of any lawyer. See a lawyer to get complete, correct, and up-to-date legal advice.

ILAW Only Has a General Summary of the Law. It is not meant to fully explain topics. Do not assume what you read on ILAW applies to your specific case. Also, the law may vary from state to state. What you find on this website may not apply where you live or to court actions filed in other states.

The Law Often Changes. Content on this site was correct when it was written. Check the date on each page. Do not assume what you see here is still correct when you read it.

Links. This website has links to other Internet sites. We have these links so you can find help on legal matters from the justice community. Other sites are responsible for all content on their sites.

E-mail. Using ILAW or sending e-mail through this website does NOT make you a client of any person or program you reach through this site. When you use e-mail, you risk having someone else access part or all of your message.

Click here for the Iowa Legal Aid Internet Privacy Policy.

Click here for the Iowa Legal Aid Public and Client Complaint Procedures.

As You Look at this Website, Remember it is Not a Substitute for Legal Advice.

Powered by ProBono.Net

The Iowa Legal Aid Website is a project of Iowa Legal Aid, the Volunteer Lawyer Projects of the Iowa State Bar and Polk County Bar Associations, and HELP Legal Assistance

Comunity Legal Education booklets Iowa Legal Aid printed material is available to clients and the public. Click here for a publications order form.

Legal Services Corporation     United Way     Donate to Iowa Legal Aid