Telemarketing is the act of selling goods and/or services over the telephone. Fraud is the act of making a statement with the intent to deceive via false representation of a fact. The misrepresentation of the fact causes the victim to rely on it to her legal detriment.
Telemarketing fraud is the making of a false statement of a fact over the telephone to induce a victim to make a financial transaction. Telemarketing fraud occurs when someone calls a victim. He makes a false statement to the victim. The misrepresentation causes the victim to make a financial transaction with the caller.
Telemarketing fraud happens in different forms, such as:
The Federal Trade Commission (FTC) is responsible for proving an individual guilty of telemarketing fraud. After someone files a complaint with the FTC, the agency investigates the complaint. If a violation has occurred, the agency will start adjudication proceedings to prosecute the violator. Also, each state has its own telemarketing fraud laws, and may go after the scam artists as well.
There are a number of defenses available to anyone charged with telemarketing fraud. Keep in mind, though, that the specific defenses that you will want to use when facing telemarketing fraud charges will depend on the circumstances involved. Common defenses include:
As with any fraud crime, telemarketing fraud carries serious criminal penalties, including heavy fines and potential prison time. Talk to a criminal lawyer about what defenses may be available to you when you are facing telemarketing fraud charges and how to proceed with your case.
Last Modified: 07-02-2018 08:37 PM PDTLaw Library Disclaimer
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