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Los Angeles Telemarketing Fraud Lawyers

Most people get annoyed when they get a phone call by a telemarketer. However, as per federal law, telemarketers are required to respect certain restrictions regarding how they can do their business. If someone commits telemarketing fraud, they can be charged with a crime and prosecuted. There are criminal penalties that you can face if you’re convicted of telemarketing fraud. Those penalties are similar to those handed down to individuals who commit mail or wire fraud.

How is a Defendant Found Guilty of Telemarketing Fraud?

Just like any type of criminal offense, in order for a person to be found guilty of telemarketing fraud, certain elements must be in place. It’s important to acknowledge that this is a very serious offense that can be classified as a felony if the individual is convicted.

In the Los Angeles, California area and elsewhere, the following elements must be proven by the prosecution in a case involving telemarketing fraud:

• The defendant was a seller, salesperson, agent or representative of a seller or an independent contractor
• The defendant directly or indirectly used a device to scheme and deceive another person with an offer or sale over the phone
• The defendant willingly and knowingly directly or indirectly tried to defraud another person through that sale over the phone

What is an Example of Telemarketing Fraud?

If a person buys a robocalled device and records a message that promises to sell a specific product and uses it to call countless people per day, it’s considered telemarketing fraud. Although many people are immediately onto that person and annoyed enough to simply hang up, others might not be so savvy and end up falling for the ruse and give their credit card information. Once those credit cards are charged a fee, however, the product is never delivered. This equates to telemarketing fraud.

It’s important to know that even if a victim doesn’t lose money, the defendant can still be convicted of telemarketing fraud. As long as the individual aimed to defraud people, they can still be charged and subsequently convicted.

What are the Possible Defenses for Telemarketing Fraud?

There is really only one possible defense that a telemarketing fraud lawyer can use in their client’s case. If the defendant was legitimately conducting business through telemarketing, they can prove that they did not violate the law and that they are not guilty of telemarketing fraud. In this situation, there would be no basis for criminal charges.

If a person is charged with telemarketing fraud, they would have to be informed that they are being investigated for that crime. The best course of action the individual could take is to immediately contact a criminal defense attorney who is skilled in the area of telemarketing fraud.

The offense can be charged as a misdemeanor or felony depending on the circumstances surrounding the case. If it’s classified as a misdemeanor, the case would go to Superior Court, but if it’s classified as a felony, the District Attorney is required to show that there’s probable cause in front of a judge.

What are the Penalties for Telemarketing Fraud?

As telemarketing fraud can be charged as either a misdemeanor or a felony, the penalties for a conviction vary. Factors that determine how the crime is classified depend on the specific circumstances surrounding the offense, the defendant’s criminal history and more.

If the crime is classified as a misdemeanor and the defendant is convicted, they can receive one year in jail and receive a fine. If it’s charged as a felony, the situation is far more serious and the penalties can include a maximum of three years in prison for a conviction. Fines may also be issued and can amount to up to $10,000 for each fraudulent transaction.

Things to keep in mind are that telemarketing fraud is a white collar crime, which means that you can receive federal charges. If you are in a situation where you or your company is the subject of a criminal investigation, it should be taken very seriously. These are serious charges that can result in hefty penalties, which means you should immediately get in touch with a skilled telemarketing fraud lawyer. You want to ensure that your business and future are protected. An attorney can protect your rights and build a strong case in your favor.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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