Telemarketing fraud, as defined by California Business and Professions Code 17511.9, implies misleading or fraudulent practices carried out through telemarketing calls, declaring:
“Anyone, including, but without limiting themselves, the seller, a seller, an agent or a representative of the seller, or an independent entrepreneur, who rapes deliberate or the deception on any person in the context of a sale by a telephone seller must, a conviction, be punished …”
Telemarketing fraud often includes programs designed to encourage individuals to part with their money or personal information.
Common defense strategies
Defense against accusations of telemarketing fraud can be difficult, but there are effective strategies, in particular:
- Lack of intention: In some cases, the defendants may not intend to defraud or deceive, which can be a crucial defense.
- Erroneous identity: Establish that you were not the person responsible for fraudulent activity can be a powerful defense.
- Trapping: If the police or a government agency have encouraged you to commit telemarketing fraud that you would not have committed otherwise, trapping could be a valid defense.
- Not a seller: If you can establish that you do not act as a seller or in a capacity covered by law, this can contest the base of the costs.
- No fraudulent act: Another defense is to affirm that you have not committed the alleged fraudulent act. This may mean presenting evidence that your actions were legal and in accordance with telemarketing regulations.
Penalties and consequences
Telemarketing fraud can have serious consequences. If someone intentionally breaks the rules and engages in misleading practices during phones sales, they can face:
- Fines: Up to $ 10,000 for each fraudulent transaction.
- Imprisonment: Depending on the severity of the offense, they can be sentenced to a period of state or prison of the county up to a year.
- Combined penalties: In some cases, they can be subject to fines and imprisonment.
In addition, if a seller promotes the products for an unregistered telephone seller, he could be responsible for an offense, which can lead:
- Imprisonment: Up to six months in the county prison.
- Fines: Up to $ 2,500.
- Fines and imprisonment: These penalties can apply together.
These sanctions are applied to conviction and aim to dissuade and punish fraudulent telemarketing practices.
A conviction for telemarketing fraud can have lasting consequences, affecting not only your freedom, but also your reputation and your future opportunities. This can limit your employment prospects and make it difficult to reconstruct confidence.
Legal process and surveys
Navigation of the legal process in cases of telemarketing fraud involves various stages:
- Surveys: The legal journey begins with in -depth surveys of law enforcement organizations and regulatory organizations. Investigation teams collect evidence related to the fraud of telemarketing, identify and collect information on individuals or entities involved, trace the network of connections within the operation and assess the scale and scope of fraud to determine the damage caused to the victims.
- Costs: If there is enough evidence, accusations can be deposited against the accused, who marks a critical turning point in the legal process. The accusation presents the case on behalf of the victims and the state. Legal documents describing accusations and evidence are prepared, and the accused are informed of their rights, including the right to legal representation.
- Trial: Legal proceedings, including trials, imply the presentation of evidence and legal arguments by the accusation and the defense. The court then pronounces a verdict and, if necessary, determines the conviction according to the seriousness of the offense and other relevant factors.
How our lawyers’ lawyers with Los Angeles white collar can help
At Werksman Jackson & Quinn LLP, we offer complete services in the case of telemarketing fraud. Our experienced Crime lawyers in white collar of Los Angeles can help you with the following elements:
- Case assessment: We provide an in -depth assessment of your case, by examining the evidence, the circumstances and the potential defenses.
- Legal representation: Our lawyers will vigorously defend your rights before the courts, dispute the evidence and present a solid defense strategy.
- Advice and support: We will guide you through each stage of the legal process, by ensuring that you understand your rights and options.
Protect your freedom with Werksman Jackson & Quinn LLP
Navigating in a telemarketing fraud case and determining your best defense strategy requires help from a defended lawyer. Los Angeles experienced lawyers at Werksman Jackson & Quinn LLP can develop a defense adapted to your specific situation so that you can face your accusations of trust.
For free consultation, call (213) 688-0460 today.
