Telemarketing fraud overview

On Behalf of | Oct 30, 2020 | Mail & Wire Fraud Defense

Telemarketing fraud commonly occurs when solicitors in California or elsewhere try to get data from unsuspecting people. They may offer them a “grand prize,” such as a free hotel stay, to keep them interested. Solicitors may use this to collect sensitive information but never deliver the prize. It helps to know signs of possible phone scams.

Identifying possible telemarketing fraud

Telemarketing fraud commonly involves a solicitor making a false claim or statement to get personal data, such as Social Security numbers, from the victim. The calls don’t always offer prizes to collect data. The calls could offer the person a service, such as fixing their computer to get access to the data.

Some scammers try to rush the person into making decisions. If a telemarketer calls before or after certain hours, it is more likely a scam since it breaks the telemarketing regulation laws.

Telemarketing fraud prosecution

Telemarketing may be prosecuted under state or federal laws, and the FTC has the responsibility of conducting investigation once it receives a complaint. Federal laws commonly prosecute violations that occur across multiple states, which make up a majority of cases.

If the FTC determines that the telemarketer violated the law, the organization begins adjudication proceedings. The defendant may make an appeal to the U.S. court system if they disagree with the decision. Cases that pass the statute of limitations cannot be prosecuted. Each state sets its own time limit to file cases.

Telemarketing fraud charges could possibly lead to prison sentences and fines of more than $100,000. The court commonly bases decisions on the number of victims and how much money they lost.

A mail and wire fraud charge is a serious offense, but mistakes happen. A defendant has certain rights under law, and a lawyer may work to ensure that they get treated fairly.

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Gary Jay Kaufman
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