Arizona Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Arizona's telemarketing law is Article 6 ("Telephone Solicitations") of Chapter 9, Title 44, Arizona Revised Statutes (A.R.S. §§ 44-1271 to 44-1282). It does four things. It requires most sellers to register annually with the Arizona Secretary of State and post a $100,000 bond (§§ 44-1272, 44-1274, 44-1275). It prescribes opening disclosures, a three-business-day cancellation right, and an accurate caller ID rule (§ 44-1276). It lists prohibited practices in § 44-1278(B), including blocking caller ID, calling people who asked not to be called, intentionally making unsolicited sales calls to mobile phones, prerecorded calls to residences without prior express consent, and any outbound call not permitted by the Federal Communications Commission (FCC) or Federal Trade Commission (FTC) rules. And § 44-1282 prohibits outbound telephone solicitation calls "or text message" to numbers on the national do-not-call registry, a text-message provision added by Laws 2023, chapter 41 (HB 2498).

Violations are unlawful practices under the Arizona Consumer Fraud Act, A.R.S. § 44-1522, and the Attorney General enforces them. Civil penalties are up to $10,000 per willful violation under § 44-1531, but capped at $1,000 per violation for the do-not-call provision in § 44-1282. Soliciting without registration is a class 5 felony (§ 44-1277).

The headline difference from federal law is that Arizona incorporates the federal calling rules by reference (§ 44-1278(B)(6)) and then adds state-specific rules on top: annual registration and a $100,000 bond, a state ban on intentional unsolicited sales calls to mobile phones, an express text-message do-not-call rule, and a short three-business-day cancellation right. Article 6 itself gives consumers only a rescission remedy against unregistered sellers; other private enforcement depends on the implied private right of action that the Arizona Supreme Court has recognized under the Consumer Fraud Act.

Key statutes and regulations

Detailed provisions

1. Scope and definitions

A "telephone solicitation" (§ 44-1271(18)) "means any voice communication from a live operator, announcing device or otherwise that offers merchandise for sale or rent and that is to or from a person located in this state." The definition reaches both outbound and inbound calls ("to or from"), and "merchandise" (§ 44-1271(8)) means "objects, wares, goods, commodities, intangibles, real estate, securities or services."

A "seller" (§ 44-1271(15)) includes a person who "Initiates telephone calls to provide or arrange to provide merchandise to consumers in exchange for payment," and also a person who takes inbound calls generated by mailers representing that the consumer "has been specially selected," "will receive a premium if the consumer calls the person," or similar inducements. A "solicitor" (§ 44-1271(16)) "means a person, other than a seller or employee of a seller, who uses a telephone to seek sales or rentals of merchandise on behalf of a seller or uses a telephone to verify sales or rentals for a seller."

2. Registration, bond and fees

Under § 44-1272(A), "A seller shall file a verified registration statement with the secretary of state before the seller solicits any consumer from a location in this state or any consumer located in this state. Each principal of the seller shall sign the registration statement, have the signature notarized and file the statement with the secretary of state along with the annual registration fee prescribed by section 44-1275." The registration "expires on June 30 of each year and shall be annually renewed." Changes must be reported by supplemental statement "within ten days of the change," except that changes in solicitors are reported quarterly (§ 44-1272(B)).

The Secretary of State sets the fee: "The secretary of state shall set the annual fee for registration which shall not exceed five hundred dollars." (§ 44-1275(A).) Supplemental statements cost no more than twenty-five dollars (§ 44-1275(B)). The Secretary of State's telephonic seller page states: "Full Registration: full year registration is $500 and due in July. Fees are on a sliding scale and the fee is determined by the month of your registration." It also states that "Limited and exempt registrations do not require a filing fee."

The bond is among the largest in the country. Section 44-1274(A) states: "A seller shall maintain a bond of one hundred thousand dollars issued by a surety company duly authorized to do business in this state." It runs in favor of the state "for the benefit of any consumer who suffers financial damage as a result of a violation of this article or an unlawful practice pursuant to section 44-1522." (§ 44-1274(B).)

3. Exemptions

Section 44-1273 has two tiers, and neither tier escapes the core calling rules.

Fully exempt sellers under § 44-1273(A) "are not required to register and, except for section 44-1278, subsection B and section 44-1282, are exempt from this article." They include persons acting within an insurance license under Title 20, charitable organizations, government entities, political parties, candidates and campaign committees, sellers who complete the sale at a later face-to-face meeting, qualifying retail establishments, certain business-to-business sellers, and large catalog sellers.

Sellers under § 44-1273(B) "shall file a limited registration statement pursuant to section 44-1272.01 and, except for sections 44-1278 and 44-1282, are exempt from this article." This tier includes licensees under Title 6 or Title 32, securities professionals, public companies, regulated telecommunications companies, newspapers, magazines, cable and video providers, book and record clubs, sellers soliciting previous customers under the same name, banks and other supervised financial institutions, and long-established telemarketing service providers.

The burden is on the party claiming exemption: "In any civil proceeding alleging a violation of this article, the burden of proving an exemption or an exception from a definition is on the person claiming the exemption or exception." (§ 44-1273(D).)

4. Required disclosures

Section 44-1276(A) requires that, "Before beginning the solicitation or sales presentation over the telephone, the seller or solicitor shall disclose to the consumer":

1. The complete street address of the physical location from which the seller or solicitor is making the telephone solicitation and the complete street address of the seller's principal location.

2. The legal name of the seller on whose behalf the solicitor is making the solicitation.

3. The solicitor's true legal name.

4. That the purpose of the call is to sell merchandise.

Arizona's requirement of street addresses at the start of the call is unusual. During the presentation the seller must also disclose charges, material restrictions on any premium, the delivery period for any premium, and "The consumer's right to cancel the transaction pursuant to subsection C." (§ 44-1276(B).)

5. Cancellation and the notice of cancellation

Section 44-1276(C) provides: "In addition to any right to otherwise revoke an offer, the consumer may cancel a telephone solicitation sale up to midnight of the third business day after the receipt of the merchandise or premium, whichever is later." A sale is not effective unless the consumer is "Advised orally and in writing of the legal name, telephone number and complete street address of the physical location of the seller" and "Advised orally of the right of cancellation along with a written notice" in the statutory form (§ 44-1276(D)). The notice must tell the consumer: "You may cancel this order without any penalty or obligation within three business days from the delivery of the merchandise or premium (gift, bonus, prize or award), whichever is later." Waivers are void (§ 44-1276(F)), and "business day does not include Sunday or a federal or state holiday" (§ 44-1276(H)).

Partially exempt sellers may not charge a consumer's card or account unless they offer a seven-day full-refund policy, provide a signed written contract, or qualify as a charity, government or political entity (§ 44-1273(E)).

6. Caller ID

Two provisions apply. Section 44-1276(G) states: "A solicitor shall accurately identify themselves on caller identification when making a telephone solicitation call to a residential or mobile telephone in Arizona." Section 44-1278(B)(1) makes it an unlawful practice to:

1. Use telephone equipment that blocks the caller identification function on the telephone or telephone equipment of the telephone number dialed so that the telephone number of the caller is not displayed on the telephone or telephone equipment that is capable of displaying the telephone number of the caller.

7. Internal do-not-call

Section 44-1278(B)(2) makes it an unlawful practice to "Initiate an outbound telephone call to a person if that person has previously stated a desire not to receive outbound telephone calls made by or on behalf of the seller whose goods or services are being offered." There is a safe harbor, available for violations of paragraphs 2 and 3, if all of the following apply:

(a) The seller or solicitor has established and implemented written procedures to comply with this paragraph.

(b) The seller or solicitor has trained the seller's or solicitor's personnel according to the written procedures prescribed in subdivision (a) of this paragraph.

(c) The seller or the solicitor acting on behalf of the seller establishes and maintains a no call list comprised of all persons who request not to be contacted and keeps all do not call requests for at least ten years.

(d) The initial outbound call or any subsequent outbound call made by the seller or solicitor is the result of an error.

The ten-year retention period is longer than the federal five-year rule for do-not-call requests.

8. Mobile phones and pagers

Section 44-1278(B)(3) makes it an unlawful practice to "Intentionally make or cause to be made any unsolicited telephone sales call to any mobile or telephone paging device." The article does not define "unsolicited telephone sales call." On its face this paragraph reaches live, manually dialed sales calls to cell phones, not only automated calls, if they are intentional and unsolicited. The safe harbor in § 44-1278(B)(2) applies to it.

9. Prerecorded messages and autodialers

Section 44-1278(B)(4) makes it an unlawful practice to:

4. Make a telephone call to any residential telephone using an artificial or prerecorded voice to deliver a message unless the call is initiated for emergency purposes or the call is made with the prior express consent of the called party.

The Arizona standard is "prior express consent," not prior express written consent, and it is not limited to telemarketing. Any prerecorded message to a residential line requires consent or an emergency purpose.

Section 44-1278(B)(5) regulates "automatic terminal equipment that uses a random or sequential number generator." Such equipment may be used only if it "excludes calls to" emergency numbers, hospital and care-facility rooms, "A paging service, a cellular telephone service, a specialized mobile radio service or any service for which the called party is charged for the call," and numbers on the seller's no call list. The phrase "random or sequential number generator" mirrors the federal definition in 47 U.S.C. § 227(a)(1), so the analysis in Facebook, Inc. v. Duguid (2021) is a natural guide to the Arizona provision as well.

10. Incorporation of federal calling rules

Section 44-1278(B)(6) makes it an unlawful practice to "Initiate an outbound call except as provided in 47 Code of Federal Regulations, section 64.1200 or 16 Code of Federal Regulations section 310.4." This brings the FCC's calling-hour rule (no telephone solicitation "before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location)," 47 C.F.R. § 64.1200(c)(1)), its consent, identification, and abandonment rules, and the Telemarketing Sales Rule's abusive practices provisions into Arizona law as Consumer Fraud Act violations. Arizona has no separate calling-hour statute and no numeric frequency cap.

11. National do-not-call registry, including texts

Section 44-1282(A), as amended by Laws 2023, chapter 41, provides:

A. A seller or solicitor or anyone acting on behalf of a seller or solicitor shall not initiate an outbound telephone solicitation call or text message to any telephone number if the telephone number is entered in the national do-not-call registry established by the federal trade commission pursuant to the do-not-call implementation act, except that this section does not apply to any telephone solicitation that would be authorized or permitted by federal law or regulation relating to a telephone solicitation or to calls made by or on behalf of a seller or solicitor who is licensed pursuant to title 32, chapter 20 if the calls are made under any of the following circumstances:

The listed circumstances apply to real estate licensees (Title 32, chapter 20): calls about "a past or present employment agreement with the consumer," calls "In response to a referral from a natural person with whom the consumer has a personal relationship," and calls "In response to an express request or permission of a consumer whose telephone number is entered in the national do-not-call registry." (§ 44-1282(A)(1) to (3).)

Because § 44-1282(A) excludes any solicitation "that would be authorized or permitted by federal law or regulation," federal exceptions such as the established business relationship and written permission carry over. Arizona does not maintain its own list.

The Senate fact sheet for HB 2498 describes the bill's purpose as prohibiting a seller or solicitor "from initiating an outbound text message to a telephone number that is on the National Do-Not-Call Registry (Registry)." The act was approved by the Governor on April 12, 2023 and took effect on the general effective date for the 2023 regular session, which the Legislature's general effective dates table lists as October 30, 2023.

Enforcement is through the Consumer Fraud Act, with a cap: "A violation of this section is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action pursuant to chapter 10, article 7 of this title, but a civil penalty under section 44-1531 for a violation of this section shall not exceed $1,000 per violation." (§ 44-1282(B).)

12. Penalties and remedies

Unlawful practice. Section 44-1278(C) states: "Failure to comply with this article is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title." The remedies are cumulative (§ 44-1278(D)), and "The attorney general may bring an action in federal court in accordance with 15 United States Code sections 6101 through 6108." (§ 44-1278(E).)

Civil penalties. Under § 44-1531(A), "If a court finds that any person has wilfully violated section 44-1522, the attorney general upon petition to the court may recover from the person on behalf of the state a civil penalty of not more than ten thousand dollars per violation." A willful violation "occurs when the party committing the violation knew or should have known that his conduct was of the nature prohibited by section 44-1522." (§ 44-1531(B).) The do-not-call penalty is capped at $1,000 (§ 44-1282(B)).

Criminal liability. Section 44-1277(A) provides that, except as provided in § 44-1273, "it is unlawful for a seller to engage in a telephone solicitation unless the seller is registered pursuant to section 44-1272." A recovery service may not collect "any money or other valuable consideration from a consumer before full and complete performance of the service" (§ 44-1277(B)). A violation of § 44-1277 "is guilty of a class 5 felony" (§ 44-1277(C)).

Private remedies. The Act's only express private remedy is § 44-1279: "A consumer may rescind a sale by an unregistered seller at any time. The consumer may recover any purchase monies paid to the unregistered seller, financial damages caused by the unregistered seller and reasonable attorney fees and costs." The Consumer Fraud Act contains no express private damages provision. In Sellinger v. Freeway Mobile Home Sales, Inc., 110 Ariz. 573, 521 P.2d 1119 (1974), the Arizona Supreme Court observed that "The Consumer Fraud Act does not contain express language granting a private right of action," but concluded: "Although the Act does not specifically provide for a right of action against persons violating the provisions of the article, we believe inferentially such right of action is granted by § 44-1533." Because § 44-1278(C) and § 44-1282(B) declare violations of Article 6 to be unlawful practices under § 44-1522, a consumer may argue that the implied Consumer Fraud Act action reaches them. No decision applying the implied action to an Article 6 calling violation was located, and the elements of the implied claim, including proof of injury and damages, are governed by Consumer Fraud Act case law not reviewed here. Unlike the TCPA, the Consumer Fraud Act provides no statutory damages amount. A.R.S. § 12-541(5) sets a one-year period for an action "Upon a liability created by statute, other than a penalty or forfeiture"; whether it governs these claims was not confirmed from case law.

How Arizona law differs from federal law

Arizona is stricter than federal law in its registration and $100,000 bond requirement, its address disclosures, its ten-year record retention for the internal do-not-call safe harbor, its ban on intentional unsolicited sales calls to mobile phones, and its consent rule for all prerecorded calls to residences. It is the same as federal law on calling hours, which it adopts by reference. Its private remedies are narrower than the TCPA's because the Act does not provide statutory damages.

Notable case law

No court decision construing A.R.S. § 44-1278 or § 44-1282 was located in official court sources for this summary. District of Arizona orders located on govinfo involving telemarketing calls addressed federal TCPA claims only. Sellinger v. Freeway Mobile Home Sales, Inc., 110 Ariz. 573, 521 P.2d 1119 (Ariz. 1974), discussed above, is the leading authority on the implied private right of action under the Consumer Fraud Act; it did not involve telephone solicitation.

Recent amendments

• Laws 2023, chapter 41 (HB 2498), 56th Legislature, First Regular Session. Amended § 44-1282(A) to add "or text message." Approved by the Governor and filed with the Secretary of State on April 12, 2023. The Senate fact sheet states that it "Becomes effective on the general effective date." The Legislature's general effective dates table lists October 30, 2023 for the Fifty-sixth Legislature, First Regular Session.
• The official statute pages on azleg.gov do not display amendment histories, so earlier amendments to §§ 44-1271 to 44-1282 are not listed here.

Practical compliance checklist

• Determine whether you are a "seller" or "solicitor" under § 44-1271 and, if not exempt, register with the Secretary of State before contacting any Arizona consumer, renew by June 30 each year, and post the $100,000 bond with the State Treasurer.
• Even if exempt, comply with § 44-1278(B) and § 44-1282, and file the limited registration statement if you fall under § 44-1273(B).
• Scrub both calls and text messages against the national registry, relying on federal exceptions only where they are clearly documented.
• Keep internal do-not-call requests for at least ten years, train staff on written procedures, and document errors to preserve the safe harbor.
• Do not intentionally place unsolicited sales calls to mobile numbers; treat consent or an inquiry as a prerequisite for any sales call to a cell phone.
• Obtain prior express consent for any prerecorded call to a residential line, and prior express written consent where federal law requires it for telemarketing.
• Script the opening disclosures, including both street addresses, the seller's legal name, the solicitor's true legal name, and the sales purpose.
• Display an accurate caller ID and never block it.
• Provide the statutory notice of cancellation orally and in writing, and honor cancellations through midnight of the third business day after delivery.
• Follow the federal calling-hour, abandonment, and identification rules, which Arizona enforces as state violations.

References

• A.R.S. § 44-1271: https://www.azleg.gov/ars/44/01271.htm
• A.R.S. § 44-1272: https://www.azleg.gov/ars/44/01272.htm
• A.R.S. § 44-1273: https://www.azleg.gov/ars/44/01273.htm
• A.R.S. § 44-1274: https://www.azleg.gov/ars/44/01274.htm
• A.R.S. § 44-1275: https://www.azleg.gov/ars/44/01275.htm
• A.R.S. § 44-1276: https://www.azleg.gov/ars/44/01276.htm
• A.R.S. § 44-1277: https://www.azleg.gov/ars/44/01277.htm
• A.R.S. § 44-1278: https://www.azleg.gov/ars/44/01278.htm
• A.R.S. § 44-1279: https://www.azleg.gov/ars/44/01279.htm
• A.R.S. § 44-1282: https://www.azleg.gov/ars/44/01282.htm
• A.R.S. § 44-1522: https://www.azleg.gov/ars/44/01522.htm
• A.R.S. § 44-1531: https://www.azleg.gov/ars/44/01531.htm
• A.R.S. § 12-541: https://www.azleg.gov/ars/12/00541.htm
• Laws 2023, ch. 41 (HB 2498): https://www.azleg.gov/legtext/56leg/1R/laws/0041.htm
• HB 2498 Senate Fact Sheet: https://www.azleg.gov/legtext/56leg/1R/summary/S.2498COM.DOCX.htm
• Arizona Legislature, General Effective Dates: https://www.azleg.gov/general-effective-dates/
• Arizona Secretary of State, Telephonic Seller Registration: https://azsos.gov/business/other-services/telephonic-reg
• Sellinger v. Freeway Mobile Home Sales, Inc., 110 Ariz. 573 (1974) (Justia): https://law.justia.com/cases/arizona/supreme-court/1974/11296-pr-0.html
• 47 U.S.C. § 227: https://www.govinfo.gov/content/pkg/USCODE-2023-title47/html/USCODE-2023-title47-chap5-subchapII-partI-sec227.htm
• 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 16 C.F.R. Part 310: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310
• 47 C.F.R. § 64.1601: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-P/section-64.1601

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.