Top Methuen, MA Telemarketing Fraud Lawyers Near You
107 Union Wharf, Boston, MA 02109
One McKinley Square, Boston, MA 02109
38 Green St, Milton, MA 02186
1342 Belmont Street, Suite 203, Brockton, MA 02301
1 South Market Bldg., 4th Floor, Boston, MA 02109-6175
77 Franklin Street, Third Floor, Boston, MA 02110
6 Beacon St, Suite 1100, Boston, MA 02108
One State Street, Suite 500, Boston, MA 02109
83 Atlantic Ave, 3rd Floor, Boston, MA 02110
101 Federal St, Suite 1900, Boston, MA 02110
800 Boylston St., 15th Floor, Boston, MA 02199
639 Granite St., 3rd Fl, PO Box 5813, Boston, MA 02114
20 Park Plaza, Suite 438, Boston, MA 02116-4322
185 Devonshire St, Suite 302, Boston, MA 02110
PO Box 434, Malden, MA 02148
537 Broadway, Everett, MA 02149
21 Cummings Park, Suite 270, Woburn, MA 01801
1191 N. Main Street, Suite 209, Randolph, MA 02368
52 Western Avenue, Cambridge, MA 02139
65A Atlantic Ave, 3rd Floor, Boston, MA 02110
101 Arch Street, Suite 1800, Boston, MA 02110
1256 Park Street, Suite 104, Stoughton, MA 02072
One Beacon Street, Suite 25300, Boston, MA 02108
300 Brickstone Square, Suite 201, Andover, MA 01810
88 Broad St, #402, Boston, MA 02110
Methuen 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.