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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.

Examples of Telemarketing Fraud

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.

Federal Law and Penalties May Apply in Michigan

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.

Consulting a Michigan Federal Telemarketing Fraud Attorney

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.

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Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
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Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
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The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.