Top Kalispell, MT Telemarketing Fraud Lawyers Near You
Telemarketing Fraud Lawyers | Kalispell Office
1830 3rd Ave E, Suite 302, Kalispell, MT 59901
Kalispell Telemarketing Fraud Information
Lead Counsel independently verifies Telemarketing Fraud attorneys in Kalispell and checks their standing with Montana bar associations.Our Verification Process and Criteria
- Ample Experience Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
- Good Standing Be in good standing with their bar associations and maintain a clean disciplinary record.
- Annual Review Submit to an annual review to retain their Lead Counsel Verified status.
- Client Commitment Pledge to follow the highest quality client service and ethical standards.
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.
What sort of issues can I seek legal help with?
Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.
What to Expect from an Initial Consultation
- Seek to determine whether the attorney can represent you. There is no one-size-fits-all legal solution and it may turn out your needs are better served by an attorney in a different specialization.
- It’s important to find a legal ally who is both competent in the law and someone you can trust to protect your interests.
- Discuss how the practice’s billing works and discuss possible additional charges or fees that may arise during or after the resolution of your case.
An attorney consultation should provide you with enough information so that you can make an informed decision on whether to proceed with legal help.
Points to Consider Before Hiring a Lawyer
Experience. Regardless of the type of legal matter you need help with, an experienced attorney will usually be able to get you better results.
Competence. Determine an attorney’s expertise by asking about their track record for the issue you need help with resolving.
Fit. There are plenty of good attorneys out there; make sure you find one you are comfortable working with.
Common legal terms explained
Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.