It appears that pilots are getting texts soliciting lanyards. If you get one of these texts, I encourage you to report the number with the FTC and state authorities. If you are on the FTC's no-call list, the caller could be face state and federal penalties.
www.donotcall.gov/
For example: Federal
Fines and Penalties
Citation
TSR
Up to $11,000 per violation.
15 U.S.C. § 45(m)(1)[/b]
The following exchange was posted on another forum:
Interesting exchange with an easthole....
This afternoon, while minding my bbq grill (waiting on my steak and baker to cook) and watching the Red Wings beat the Sharks....(OOPS...the Red Wings FORGOT to win on OT) I got a random text from a number I did not recognize....
The following text exchange took place:
Easthole: R u onboard starting May 1? Let pilots hear u say it on the radio & see it in your actions that give u the right 2 wear the Safety 1st I'm Onboard lanyard!
Me (westhole): I don't have a Safety 1st lanyard. "I'm Onboard" was the super cheesy corporate campaign at AWA before the merger. The moron that dreamt up that gem was shown the door years ago.
Easthole: Do u want 1?
Me: Sure
Easthole: Where u based
Me: I'll give you a hint. Google area code 480.
(....sound of crickets.... No response.... Then about 2 hours later....)
Me: Well....U sending me a lanyard or what???
(....more crickets.....)
LMAO!!!!
Can I sue because some easthole texted me on my cell phone?
Fines and Penalties
Fines and Penalties For Violations Of State DO-NOT-CALL Lists
Federal
Fines and Penalties
Citation
TSR
Up to $11,000 per violation.
15 U.S.C. § 45(m)(1)
TCPA
Up to $16,000 per violation.
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Civil action for up to $500 per violation plus actual costs; if willful or knowing violation, up to 3 times that amount.
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47 U.S.C. § 227(f)(1)
State
Fines and Penalties
Citation
Alabama*
PUC may bring action for up to $2,000 per violation.
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Private cause of action available for amount of actual loss or $2,000 per each knowing violation.
Ala. Code § 8-19C-6
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Ala. Code § 8-19C-7
Alaska*
Attorney General may bring action.
Alaska Stat. § 45.50.501
Arizona*
Not to exceed $1,000 per violation.
Ariz. Stat. § 44-1282©
Arkansas*
Misdemeanor (willful & knowing violation);
Attorney General has authority for civil enforcement.
Ark. Code Ann. §§ 4-88-103; 4-88-104
California*
Attorney General may bring action for up to $11,000 per violation.
Action in small claims court for injunction and $1,000 for subsequent violations.
Cal. Bus. & Prof. Code § 17593
Colorado
Attorney General may bring civil action for up to $2,000 per violation.
Colo. Rev. Stat. §§ 6-1-110; 112
Connecticut*
Private cause of action available to recover actual damages.
Conn. Gen. Stat. § 42-110d; 110g
Florida
Attorney General may bring civil action for up to $10,000 per violation.
Fla. Stat. ch. 501.059(8)
Georgia*
Administrator of do-not-call program may bring action for up to $2,000 per violation;
Addl relief in any court of competent jurisdiction.
Ga. Code Ann. § 46-5-27(i)
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
Indiana
Attorney General may bring action for up to $10,000 for 1st violation;
2nd violation & subsequentUp to $25,000.
Attorney General may recover attorneys fees.
Ind. Code § 24-4.7-5-2
Kansas*
Attorney General may bring action and private right of action available for reasonable expenses and attorneys fees;
Actual damages;
Up to $10,000 per violation;
Up to $20,000 per willfull violation.
Kan. Code 50-632, 636
Kentucky*
Attorney General may bring action for Class D felony or for up to $2,000 per violation;
Up to $10,000if 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.
Up to $10,000 if caller is not registered and calls a number on the do-not-call list or if sell, share, or lease the list to person not registered.
La. Rev. Stat. Ann. § 45:844.15; General Order § V(E)
Maine*
Attorney General action for not more than $10,000 for first violation, $25,000 for each subsequent violation.
Me. Rev. Stat. Ann. tit. 10
§ 1499-B
Massachusetts
Attorney General action and private right of action for 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.
Attorneys fees for prevailing party.
Private damages available for $5,000 for knowing violation.
Mass. Gen. Laws ch. 159C, § 8
Michigan*
Misdemeanor punishable by imprisonment of up to 6 months and/or $500 fine;
Private action available for $250 or actual damages, whichever is greater;
attorneys fees.
Mich. Laws § 445.111c(2), (3)
Minnesota*
Commissioner may bring action for up to $1,000 per violation.
Minn. Code § 325E.316(1)
Mississippi
Public Service Commission may bring action for up to $5,000 per violation.
Miss. Stat. § 77-3-725
Missouri
Attorney General and private right of action available for up to $5,000 per violation; Addl relief in any court of competent jurisdiction.
Mo. Rev. Stat. § 407.1107
Montana*
Department of Administration may bring action for up to $5,000 per knowing violation;
Private right of action also available for actual loss or $5,000 per violation.
Addl relief in any court of competent jurisdiction.
Mont. Code § 30-14-1605
Nevada*
Attorney General may bring action for up to $2,500 per violation.
Reasonable attorneys fees and costs.
Nev. Stat. § 228.620
New Hampshire*
Attorney General action available for up to $5,000 per violation;
Private action for greater of actual damages or $1,000, up to 3 times this amount if knowing or willful violation.
Attorneys fees.
N.H. Code § 359-E:11
New Jersey*
Attorney General may bring action for up to $10,000 for first offense;
Not more than $20,000 for the second and each subsequent offense.
N.J. Stat. § 56:8-13
New Mexico*
Attorney General may bring action for up to $5,000 per violation.
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Private right of action available for $100 or actual damages, whichever is greater; for willful violations, $300 or three times actual damages
N.M. Stat. §57-12-11
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N.M. Stat. § 57-12-10
New York*
Attorney General may bring action for up to $11,000 per violation.
N.Y. Gen. Bus. Code § 399-z(6)
North Carolina*
Attorney General and private right of action available for:
$500 for 1st violation;
$1,000 for 2nd violation;
$5,000 for 3rd and subsequent violations within 2 years of 1st violation;
Reasonable attorneys fees.
N.C. Gen. Stat. § 75-105
North Dakota*
Private right of action available for up to $2,000 per violation or actual damages, whichever is greater;
Costs, expenses, and reasonable attorneys fees.
N.D. Code § 51-28-11
Ohio*
Same as federal standard above.
Ohio Code § 109.87
Oklahoma
Attorney General may bring action for actual damages;
Reasonable expenses and investigation fees.
15 Okl. St. § 756.1(A)
Oregon*
Attorney General may bring action for actual damages.
Or. Rev. Stat. § 646.632
Pennsylvania
Attorney General may bring action for up to $1000 or if victim is 60 years old or older, $3,000;
Additional relief as deemed necessary and proper.
73 P.S. § 2246;
73 P.S. § 201-8
South Dakota
Public Utilities Commission may bring action for up to $5,000 per offense.
S.D. Stat. § 49-31-108
Tennessee
Regulatory authority may bring action for up to $2,000 per violation;
Addl relief in any court of competent jurisdiction.
Tenn. Code § 65-4-405(f)
Admin. Code § 1220-4-11-.07
Texas
Attorney General may bring action for up to $1,000 per violation;
Up to $3,000 per willfull or knowing violation.
Attorneys fees also available.
Tex. Bus. & Com.
Code § 304.252
Utah*
Attorney General may enforce penalties in amount of $100-$2,500 per violation.
Private right of action also available for $500 per violation or amount of actual damages;
attorneys fees and costs.
13-25a-105; 106
Vermont*
Private right of action for:
Punitive Damages;
Reasonable costs and attorneys 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; 2464c
Virginia*
Private right of action for $500 per violation and up to $1500 for willful violation.
Va. Code § 59.1-515
Wisconsin
Injunction; Up to $100 per violation.
Wis. Stat. § 100.52(10)
Wyoming
Attorney General may bring action for:
1st violationUp to $500;
2nd violationUp to $2,500;
3rd violation & subsequentUp to $5,000
Attorneys fees and costs.
Wyo. Stat. § 40-12-304(a)
* These states have adopted the applicable numbers on the federal "do-not-call" list as their own lists. Therefore, there is not a separate state list which must be purchased.
Publish Date: July 23, 2009
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