Top Novato, CA Telemarketing Fraud Lawyers Near You
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600 Allerton St, Suite 201, Redwood City, CA 94063
Get assistance for your Telemarketing Fraud issue in the Novato, California area. Peter F. Goldscheider Law Offices can help.
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1131 Howard Ave, Burlingame, CA 94010
Goethals Legal, PC, serving clients in the Novato, California area, a reputable legal practice for Telemarketing Fraud issues.
235 Pine Street, Suite 1150, San Francisco, CA 94104
600 Montgomery Street, Suite 3100, San Francisco, CA 94111
7250 Redwood Blvd, Suite 300, Novato, CA 94945
50 California St, Suite 2750, San Francisco, CA 94111
611 Gateway Blvd, Suite 120, South San Francisco, CA 94080
6689 Owens Drive, Suite 100, Pleasanton, CA 94588
4040 Civic Center Drive, Suite 200, San Rafael, CA 94903
1300 Clay St, Suite 685, Oakland, CA 94612
4 Embarcadero Center, 27th Floor, San Francisco, CA 94111
1 Front Street, Suite 3200, San Francisco, CA 94111
One Market Plaza, Spear Tower, Suite 2200, San Francisco, CA 94105
Airport Corporate Center, #1120, 7677 Oak Port Street, San Francisco, CA 94621
201 Spear Street, Suite 1100, San Francisco, CA 94105
50 California St, Suite 3300, San Francisco, CA 94111
420 Third Street #200, Oakland, CA 94607
1388 Sutter Street, Suite 805, San Francisco, CA 94109
600 Allerton St., Suite 201, Redwood City, CA 94063
655 Montgomery Street, Suite 900, San Francisco, CA 94111
420 Third Street, Suite 250, Oakland, CA 94607
1999 Harrison Street, Suite 700, Oakland, CA 94612
7677 Oakport Street, Suite 1120, Oakland, CA 94621
475 Sansome St, 16th Floor, San Francisco, CA 94111
One Embarcadero Center, 32nd Floor, San Francisco, CA 94111
Novato 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.