Arizona TCPA and telemarketing law
Arizona has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.
| Statute | A.R.S. § 44-1271 et seq.; A.R.S. § 44-1282 | ↗ |
| Consent standard | Prior express consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | Not yet verified | |
| Covers text messages | Yes | ↗ |
| Cure period | Not yet verified |
Arizona regulates telephone solicitation in A.R.S. 44-1271 through 44-1282. Sellers must register with the secretary of state and post a $100,000 bond unless exempt. During a solicitation, a seller may not block caller ID, call someone who asked not to be called, make unsolicited sales calls to mobile devices, or use a prerecorded voice to call a residential line without prior express consent. Since 2023, 44-1282 also bars solicitation calls and text messages to numbers on the national do-not-call registry.
The article does not set private statutory damages. A consumer may rescind a sale by an unregistered seller and recover money paid, financial damages, and attorney fees, and may claim against the seller's bond. Other violations are unlawful practices under the Consumer Fraud Act, enforced by the attorney general, with do-not-call civil penalties capped at $1,000 per violation.