Top Kayenta, AZ Telemarketing Fraud Lawyers Near You
845 South Main Street, Suite 120, Fond du Lac, WI 54935
5050 Poplar Avenue, Suite 1616, Memphis, TN 38157
40 Westminster Street, Suite 700, Providence, RI 02903
240 Elm Street, 2nd Floor, Somerville, MA 02144
413 North Michigan Street, Toledo, OH 43604
5 East Long Street, Suite 200, Columbus, OH 43215
1307 Nueces Street, Austin, TX 78701
208 West Green Bay Street, Shawano, WI 54166
200 N Broadway St, Ste. 300, Wichita, KS 67202
1 Galleria Blvd., Suite 1502, Metairie, LA 70001
242 South Grant, Casper, WY 82601
13702 Pearl Rd, Strongsville, OH 44136
4 Brower Ave, Ste 3, Woodmere, NY 11598
1661 N Water St, Suite 501, Milwaukee, WI 53202
36 S Washington St, 2nd Floor, Hinsdale, IL 60521
501 N Magnolia Ave, Orlando, FL 32801
7330 Market Street, Youngstown, OH 44512
212 North Kings Highway, Suite 1021, St. Louis, MO 63108
111 E Wacker Dr, Suite 500, Chicago, IL 60601
2001 Wyandotte Street, Kansas City, MO 64108
320 Huey P Long Ave, Gretna, LA 70054-5905
102 Clinton Ave W, Suite 201, Huntsville, AL 35801
311 Montgomery Street, 2nd Floor, Syracuse, NY 13202
7180 Olive Street, Evansville, IN 47715
401 North Lampasas Street, Round Rock, TX 78664
Kayenta Telemarketing Fraud Information
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How Does Telemarketing Fraud Work?
Telemarketing fraud is the practice of scamming or fleecing recipients of your call by falsely representing a legitimate business or other enterprise.
Typically, scammers begin the call by creating a sense of urgency within the recipient of the call — perhaps saying that the recipient has won a prize (a cruise, etc.) and must supply their credit card information to pay for a nominal deposit. While a large number of call recipients may hang up or refuse to comply, a certain percentage of individuals inevitably will comply, and this is the payoff for the fraudster.
Once purchase or cash advances have been made against the victim’s card the scammer disappears.
What Are Some Examples of Telemarketing Fraud?
There are a number of popular telemarketing fraud schemes, ranging from the free cruise or vacation scam to simple cold-calling for sales products that will never be delivered (nonexistent culinary products, beauty products, medical products, etc.).
Perhaps the most popular example of telemarketing fraud involves the overpayment scheme. In this scenario, fraudsters use the phone to call unsuspecting victims while adopting the persona of a collections or accounting agent for a legitimate business or government agency such as VISA or the IRS. Under this guise, the fraudster advises the victim that they are in debt, with interest accruing at an unacceptable rate, and that they must pay their debt outstanding immediately. By using the aura of authority to intimidate their victims — as well as by creating a sense of urgency in order to get the victim to comply immediately, without considering the consequences or reliability of the caller — fraudsters manipulate their victims into emptying their bank accounts.
Who Investigates Telemarketing Fraud?
The Federal Trade Commission (FTC) is charged with investigating most serious cases of telemarketing fraud.
What Is the Penalty for Phone Scamming?
At the federal level, telemarketing fraud and email fraud are bundled together in the United States Code. Per these guidelines, there is an automatic forfeiture of all proceeds gained from the fraud in order both to make restitution to the victim(s) while also acting as a punitive measure. Penalties can be enhanced if fraudsters are seen to be taking advantage of pensioners or the elderly, with mandatory penalties ranging from 5 to 10 years in jail.
Generally speaking, phone scamming and telemarketing fraud are also prosecuted under the broader federal fraud statutes (regarding mail or wire fraud). Such offenses can lead to a punishment of no more than five years in federal prison — before considering aggravating elements.
Though telemarketing and email fraud are typically investigated by the FTC and charges are generally laid in federal court, states are also empowered to levy civil fines and further penalties for minor infractions. Fines can range from $1,000 to $3,000 per offense, plus restitution for any ill-gotten gains.
Can You Go to Jail for Telemarketing Fraud?
Yes. Because telemarketing fraud is so closely connected to other forms of fraud at the federal level, it is certainly possible to face incarceration in federal prison in response to a conviction.
For this reason, you should immediately secure the services of a skilled criminal defense attorney if you are facing charges related to telemarketing fraud. Not only can an attorney who is knowledgeable in the field of fraud law help you to navigate your charges — and how best to deal with them — but attorney-client privilege protects your discussions, keeping them private and allowing for honest conversation.
In many cases, your lawyer may be able to negotiate with the prosecution in favor of a reduced sentence, perhaps avoiding the prospect of jail entirely. A plea bargain may involve further financial restitution, some form of community service or both. A conviction on federal fraud charges is a very serious matter, and repeat offenders — or those who are accused of defrauding pensioners or other vulnerable populations — could face a lengthy prison sentence if found guilty.