Top Pinehurst, MA Telemarketing Fraud Lawyers Near You
50 Congress St, Suite 314, Boston, MA 02109
1266 Furnace Brook Parkway, Fourth Floor, Quincy, MA 02169
90 Pleasant Street, Suite 12, Randolph, MA 02368
20 Park Plaza, Suite 1115, Boston, MA 02116
One Boston Place, 26th Floor, Boston, MA 02110
6 Beacon St, Suite 1100, Boston, MA 02108
83 Atlantic Ave, 3rd Floor, Boston, MA 02110
800 Turnpike St., Suite 300, North Andover, MA 01845
119 High St, Boston, MA 02110
221 Lewis Wharf, Boston, MA 02110
112 Water St, 3rd Floor, Boston, MA 02109
1 Salem Street, Suite 202, Malden, MA 02148
173 South Main St, Middleton, MA 01949
401 Andover Street, Suite 201-B, North Andover, MA 01845
205 Newbury St, Suite 101, Framingham, MA 01701
PO Box 254, Walpole, MA 02081
4 Cypress St, Suite 7, Brookline, MA 02445
110 Winn St, Ste 204, Woburn, MA 01801
2001 Beacon Street, Suite 101, Brookline, MA 02135
83 Atlantic Avenue, Third Floor, Boston, MA 02110
529 Main St, Suite P218, Charlestown, MA 02129
875 Massachusetts Ave, Suite 31, Cambridge, MA 02139
309 Washington St., Brighton, MA 02135
Principe & Strasnick, P.C., 17 Lark Avenue, Saugus, MA 01906
150 Speen Street, Suite 201, Framingham, MA 01701
Pinehurst 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.