[§708-835.6]  Telemarketing fraud.  (1) 
A person commits the offense of telemarketing fraud if, with intent to defraud
or misrepresent, that person obtains or attempts to obtain the transfer of
possession, control, or ownership of the property of another through
communications conducted at least in part by telephone and involving direct or
implied claims that the person contacted:



(a) Will or is about to receive anything of value; or



(b) May be able to recover any losses suffered by the
person contacted in connection with a prize promotion.



(2)  Telemarketing fraud is a class B felony. 
In addition, any property used or intended for use in the commission of,
attempt to commit, or conspiracy to commit telemarketing fraud, or that
facilitated or assisted this activity, shall be forfeited subject to chapter
712A.



(3)  For purposes of this section,
"telemarketing" means a plan, program, or campaign, including a prize
promotion or investment opportunity, that:



(a) Is conducted to include the purchase of goods or
services or to solicit funds or contributions by use of one or more telephones;
and



(b) Involves more than one telephone call. [L 2001, c
277, §1]



 



COMMENTARY ON §708-835.6



 



  Act 277, Session Laws 2001, added this section to create a
criminal offense of telemarketing fraud, involving use at least in part of a
telephone and direct or implied claims of receiving anything of value or of
recovering losses from a prize promotion.  Act 277 also provides for forfeiture
of property used in the commission of the crime.



  The legislature found telemarketing fraud to be one of the
fastest growing forms of fraud in the United States.  Telemarketers often
target older citizens, knowing many of them have significant assets from a
lifetime of saving.  Act 277 is part of a larger effort to combat this serious
crime and to protect consumers from unscrupulous practices.  Act 277 allows
Hawaii to increase its efforts and provide greater protection to its citizens
from unscrupulous telemarketing practices.  Senate Standing Committee Report
No. 809, House Standing Committee Report No. 1128.