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.