Miami, Florida Telemarketing Fraud Lawyer

Attorney for Fraud Charges Involving Phones and Communications in Miami

There are a wide range of sales and marketing activities that are conducted over the phone. In some cases, these activities may lead to claims of telemarketing fraud. While these may include scams targeting vulnerable victims, fraud charges may also be based on claims of aggressive sales tactics, misrepresentations about products or services, failure to deliver promised goods, or violations of telemarketing regulations. The distinction between persuasive sales techniques and criminal fraud can be unclear. Telemarketing fraud may be charged at the state or federal level, and convictions can lead to severe penalties that may include long prison sentences, large fines, and restitution payments that can reach millions of dollars.

At Stroleny Law: Criminal Defense Attorney, our legal team can provide the representation needed to address telemarketing fraud charges. These cases may often involve phone records, recorded sales calls, testimony from numerous alleged victims, and interpretations of marketing statements and sales practices. Telemarketing fraud prosecutions may sometimes target legitimate businesses whose marketing practices due to inadvertent violations of regulations. Our lawyer will conduct thorough investigations into business practices, consult with industry professionals, and present to help clients protect their rights and their businesses.

Activities That May Lead to Telemarketing Fraud Charges

Telemarketing fraud may involve a variety of deceptive practices related to phone-based sales and marketing. Prize and sweepstakes scams may involve calling potential victims and informing them that they have won prizes or lottery winnings. The caller may then ask for payment of taxes, fees, or processing charges before the prize can be released. These schemes may also involve calls in which victims are told they have won vacations, gift cards, or valuable merchandise but must pay shipping and handling charges or membership fees.

Investment fraud or securities fraud conducted through telemarketing may involve cold-calling potential investors and making false claims about investment opportunities. Callers may claim to have insider information about stocks, they may guarantee returns that are unrealistic, they may misrepresent the risks of investments, or they may not disclose that they will receive commissions for sales.

In charitable solicitation fraud schemes, telemarketers may falsely state that they are raising money for legitimate causes. These schemes can exploit people's desire to help others by claiming to support veterans, children with cancer, disaster victims, or other causes. The fraud may involve completely fake charities, or it may involve legitimate-sounding organizations in which almost all donations go to telemarketers and operators rather than being used for charitable purposes.

Tech support scams are another concern addressed in criminal cases. Scammers may call victims claiming to represent computer companies or tech support services and state that a person's computer is infected with viruses or has security problems. The callers may use technical jargon to convince people to grant remote access to their computers or to purchase unnecessary software or services. Some of these schemes may involve installing malware on computers to create problems that scammers may then claim to fix.

Credit repair and debt relief fraud may target people who are struggling with debt or poor credit scores. Telemarketers may promise to eliminate debts, remove negative information from credit reports, or provide other financial relief in exchange for up-front fees. These schemes may involve illegal practices such as advising clients to dispute accurate information on credit reports or to create new credit identities.

Timeshare and vacation club fraud often involves high-pressure sales tactics, misrepresentations about the value of timeshares, or failure to disclose important terms and conditions. These forms of fraud can exploit people's desire for affordable vacation options, and they may involve sophisticated sales presentations that obscure the true costs and limitations of the products.

Healthcare and medical product fraud may include telemarketing schemes selling miracle cures, dietary supplements with exaggerated health claims, medical devices that do not work as advertised, or health insurance plans that provide minimal or no coverage. These schemes may target elderly victims and people with chronic health conditions who are desperate for solutions. Misrepresentations about FDA approval, clinical studies, or endorsements by medical professionals are common in these cases.

While many of these practices consist of fraud, there are some cases where people who engage in legitimate marketing tactics or business practices could be accused of violating the law. At Stroleny Law: Criminal Defense Attorney, we can help clients demonstrate that their activities were not fraudulent and that they were operating within the bounds of the law.

Legal Framework for Telemarketing Fraud Prosecutions

Both federal law and Florida state law address telemarketing fraud, and people can face prosecution at either or both levels depending on the scope and nature of their alleged activities. Federal wire fraud charges under 18 U.S.C. § 1343 may apply in cases where people are accused of telemarketing fraud. A conviction for wire fraud can lead to a sentence of up to 20 years in federal prison. The broad language of the wire fraud statute allows prosecutors to charge people who are accused of engaging in telemarketing schemes involving false representation with federal wire fraud.

Penalties can be more serious in cases where elderly people are the alleged victims of telemarketing fraud. Under 18 U.S.C. § 2326, enhanced penalties may apply if telemarketing fraud allegedly targeted people who were at least 55 years old. In these cases, an additional 10 years may be added to a person's sentence.

In Florida, telemarketing fraud falls under the category of communications fraud, which is addressed in Florida Statutes § 817.034. This statute classifies offenses as felonies based on the value of money or property obtained through fraudulent schemes. Charges may range from third-degree felonies to first-degree felonies.

Penalties for Telemarketing Fraud Convictions

People who are convicted of telemarketing fraud may be sentenced to prison for years or decades, and they may also be required to pay thousands or tens of thousands of dollars in fines. However, there are other penalties that may also apply in these cases.

Restitution orders in telemarketing fraud cases can be massive. Courts may order defendants to repay all victims for their losses. When a case involves hundreds or thousands of alleged victims, the total amount of restitution can reach millions of dollars. These financial obligations can affect defendants for decades, and wages may be garnished or assets may be seized to pay off the amounts owed.

Asset forfeiture is another significant consequence that may affect a person convicted of telemarketing fraud. Under federal and state forfeiture laws, property that was allegedly obtained through fraud or used to facilitate fraud can be seized and forfeited to the government. This can include bank accounts, vehicles, real estate, and business assets. Civil forfeiture proceedings can occur even without criminal convictions, and a person could lose their property based on allegations of fraud, even if criminal charges are dismissed or result in an acquittal.

A telemarketing fraud conviction can also result in loss of the right to engage in telemarketing or other sales activities. Courts may impose conditions that prohibit a person from conducting certain types of business practices, which may make it more difficult to engage in legitimate business activities in the future.

Contact Our Miami, FL Telemarketing Fraud Attorney

Telemarketing fraud charges could threaten your freedom, your business, and your financial security. Criminal prosecution can destroy a legitimate business enterprise, and a conviction could result in a lengthy prison sentence and other penalties. You need an attorney who understands how to address the legal elements of fraud offenses and the realities of telemarketing business practices. Contact our Miami telemarketing fraud defense lawyer by calling 305-615-1285 to arrange a free consultation.