Telemarketing might be annoying, but it’s not illegal. It does become illegal when a person tries to con another person out of money. If you’re accused of this act, you’ll face charges for telemarketing fraud.
Telemarketing fraud is a type of white-collar crime. With this kind of fraud, a scam takes place over the phone. The person scamming another may ask for personal information, like Social Security numbers, credit card numbers or other data that is useful in the scam.
Telemarketing fraud is relatively simple in nature. It happens when someone calls a victim, makes false claims or a false statement and then receives money from the victim as a result. The type of false claim that’s made varies. For example, if you call someone and say she won the lottery when she did not, you’re making a false claim. If you ask for banking information for the deposit but actually intend to empty that person’s account, then that’s where the situation turns into a crime.
Another example would be if you call someone and sell them something over the phone that you never intend to mail and perhaps never had in your possession. You take money over the phone for the item, then you never speak to the person again. This is also a fraudulent act that could land you in prison.
Your attorney can review your case and talk to you about defenses to the charges against you. Our website has more on crimes like these and what to expect as you go through the steps of your case.