Telemarketing Fraud

The Telemarketing and Consumer Fraud and Abuse Prevention Act (TCFPA) creates the rules that allow certain individuals and businesses to solicit people over the phone and limits when and to whom they may make these calls. The TCFPA also authorizes the creation of rules intended to enforce this law.

In general, any violation of this statute may result in an investigation by the Federal Trade Commission and criminal charges in a United States District Court. When this happens, it may be essential that people present a strong defense intended to protect both their freedoms and assets.

A Michigan federal telemarketing fraud lawyer may be able to help. A knowledgeable federal fraud attorney should thoroughly know and understand the US government's rules concerning telemarketing and how they may apply to your situation. Using this information, they can develop defense strategies to meet your specific needs.

Telemarketing fraud comes in many shapes and sizes. At its simplest, it can be one person using a single phone line to call random numbers soliciting donations for a non-existent charity. More complex examples of fraud may involve dozens of people operating call centers that contact thousands of people daily. Common telemarketing scams include:

• People posing as IRS or FBI agents
• Callers pretending to be family members in trouble while away from home
• The classic "Nigerian Prince" scam where people ask for a down payment in exchange for a greater payment in the future
• Making false statements concerning criminal investigations

As soon as someone makes these misleading statements on a call, they may be investigated and prosecuted for telemarketing fraud. A Michigan federal telemarketing fraud lawyer can work to examine their actions and see whether they fit into the statute.

The Telemarketing and Consumer Fraud and Abuse Prevention Act (TCFPA) authorizes the Federal Trade Commission (FTC) to pass rules concerning the enforcement of the law. The FTC's rules control all aspects of telemarketing including when a person or company may make a call, who these people may call, information they must provide when they call, and mandatory record keeping. Any violation of these rules may be a prosecutable offense.

The FTC has the authority to prosecute all violations of the TCFPA in United States District Courts. These prosecutions can include evidence of phone calls made, transcripts of conversations, computer records, and victim witness statements. An offense may carry a maximum penalty of five years in prison and an order to repay all money taken in the fraud.

However, enhanced penalties may apply when the alleged victims in these activities are over the age of 55. When this is the case, the maximum sentence may be as high as ten years in prison. A Michigan federal telemarketing fraud attorney could help people understand the nature of the charges they are facing and what the potential consequences may be.

You may have made only one call asking for money, but this could be enough to begin an FTC investigation. The FTC may need to prove not only that you made the calls, but that you intended to commit a fraud.

A Michigan federal telemarketing fraud lawyer could represent your interests in court to fight back against these allegations. They can present evidence to dispel the idea that you intended to commit fraud and cross-examine the government's witnesses to weaken the FTC's case. Call today to learn more.