Does your state have its own version of the TCPA?

Yes, Arizona has its own state statute restricting telephone solicitations and allowing a private right of action for violations.  Ariz. Rev. Stat. Ann. § 44-1271, et seq.

If so, please explain the distinction between the state’s iteration of the TCPA.

The Arizona statute generally prohibits the same conduct as the federal TCPA.  Ariz. Rev. Stat. Ann. § 44-1282. However, Arizona also requires sellers who engage in telephone solicitations to Arizona residents to register with the Arizona Secretary of State.  Ariz. Rev. Stat. Ann. § 44-1272.  Making telephone solicitations when not registered to do so is a class 5 felony.  Ariz. Rev. Stat. Ann. § 44-1277.  Limited exceptions to the registration requirement are listed at Ariz. Rev. Stat. Ann. § 44-1273.

Registered telephone solicitors are also required to maintain a bond of $100,000 to cover potential violations.  Ariz. Rev. Stat. Ann. § 44-1274.

Arizona law also requires telephone solicitors to identify themselves, the seller on whose behalf they are calling, and the seller’s principal physical location.  Ariz. Rev. Stat. Ann. § 44-1276.A. It also requires that telephone solicitors disclose:

• “Any charge, including the amount for the use of any premium being offered.”
• “Any material restriction, requirement, condition, limitation or exception that is associated with the use of the premium.”
• “Any charge connected with the sale of merchandise.”
• “The time period within which any premium will be delivered.”
• “The consumer’s right to cancel the transaction.”

Ariz. Rev. Stat. Ann. § 44-1276.B.

Telephone solicitors are required to provide consumers with oral and written notice of their right to cancel a transaction.  Ariz. Rev. Stat. Ann. § 44-1276.D.

Arizona’s statute allows consumers to rescind a transaction made by an unregistered seller through a telephone solicitation and recover any money paid in the transaction along with actual damages and reasonable attorneys’ fees.  Ariz. Rev. Stat. Ann. § 44-1279.

Please address state specific consumer protection statutes that are often paired with TCPA or its state iterations and the additional element and penalties.

Arizona has a statute generally prohibiting “the use of deceptive or unfair act[s] or practice[s]” in connection with sales.  Ariz. Rev. Stat. Ann. § 44-1522.  Arizona courts have interpreted this statute to create a private right of action.  E.g., Sellinger v. Freeway Mobile Home Sales, Inc., 110 Ariz. 573, 576, 521 P.2d 1119, 1122 (1974).  One may expect to see a claim under this consumer protection statute alongside a claim for violation of Arizona’s telephone solicitation statute.

What are the current best practices to comply with the State’s iteration of the TCPA?

Register with the Arizona Secretary of State before engaging in telephone solicitations to Arizona residents