Telemarketing Fraud: Business & Professions Code § 17511.9 BPC
California has certain laws governing the way in which telemarketers may conduct their business. Enough people throughout the great state of California have complained about the business practices of these telemarketers that the state legislature eventually took up legislation to try to curb some of the worst offenses that the telemarketers were committing.
A person or entity that is violation of the laws laid out in California can actually end up facing felony charges depending upon how serious the violation was and if it can be proven in a court of law.
One has to prove three elements to show that an individual was indeed the person who is responsible for the crime that is being alleged. Those elements are that the individual is a buyer or seller of a particular product over the phone, that they used a device to call multiple people with whatever product it is that they are pitching, and that they knowingly committed fraud in the process. If all three of those elements are proven, then a real fraud case may be in the works here.
What This Might Look Like In The Real World
Most of us have been warned about not giving our credit card information out over the telephone. However, there are some people who may still fall victim to this kind of scam. The elderly are often targeted by these scammers because they may be more trusting, more forgetful, or just not understand that they should not give out their credit card information over the phone.
Whatever the case may be, the person who has made these calls has committed fraud and could be prosecuted under California law. They are not allowed to try to make these calls in order to fetch credit card numbers from those who do not know any better but to give those numbers out over the phone. It is a prohibited activity.
What A Defendant May Say About These Charges
Not every person who is accused of having violated the California laws about telemarketing fraud has actually done so. There are valid defenses against these charges for those who are interested in learning about what actions they can take to keep themselves protected from criminal liability.
The main thing that people can say about their charges is that they were actually following the code of conduct laid out by the California legislature regarding legitimate forms of telemarketing. While the law does outline so many ways in which the laws may be violated, it also goes to the heart of how to conduct a legitimate telemarketing operation within the state as well. There are procedures that one can follow to keep their telemarketing business functioning properly.
What To Do If Charged With Telemarketing Fraud
In the event that you or your business are ever in a situation where you are charged with telemarketing fraud, it is important to know what to do. You may discover that you can actually fight back against these charges pretty effectively, but only once you really know what is being thrown at you. It is possible to avoid the embarrassment of having to stand and account for such charges.
The best thing to do right off the bat is hire a criminal defense attorney. Do this even if you believe that you have done nothing wrong in this matter. Getting a defense attorney working for you as early in the process as possible is the best way to protect yourself against false accusations being leveled against you. They can work towards getting your case dismissed or at least try to find ways to have the charges significantly reduced. That is something that may come as a big benefit to you in the sense that you do not have to face the harshest penalties for the actions that others are claiming that you have taken. They could be totally off base with their accusations after all.
Penalties For Telemarketing Fraud
There are different penalties for telemarketing fraud depending upon how serious the violations were. It is something that can fall into either the misdemeanor or felony category entirely depending upon what the people in power believe was the level of seriousness of your offense.
This is yet another great reason to have a defense attorney working for you. They can help lessen the blow if you will if they are unable to get the charges taken away altogether. That is critical for you to work towards. You want to avoid any of the harshest of penalties for the potential crime of having committed telemarketing fraud. You deserve to avoid that issue as much as you possibly can. Your attorney will be your advocate in that realm and help you find the best path forward against these charges.