Fort Lauderdale Attorney for Defending Telemarketing Fraud Charges
Being accused of telemarketing fraud or any other type of criminal charge in Florida is an overwhelming and unnerving experience. Since it is unlikely that you know what to expect or the best way to protect your rights, it is imperative that you contact an experienced Fort Lauderdale criminal defense attorney as soon as possible after you have been accused. Choosing to contact an attorney can make a significant impact on the outcome of your case.
Mass Marketing and Telemarketing Fraud
The right lawyer should have extensive experience in telemarketing fraud. Mass marketing and telemarketing fraud arrangements often include allegations that individuals or corporations have enticed a target. More often than not, these targets are vulnerable such as the poor or the elderly and typically involve promising prize winnings or sweepstakes in exchange for a handling or service fee.
This illegal action usually refers to fraudulent selling that occurs over the phone. When you transmit fund to an individual that you do not know or give personal and financial information to anonymous callers, you raise your chances of being a target of telemarketing fraud.
The telemarketing fraud laws in Florida change often, meaning that many individuals and companies are inappropriately accused of fraud. Having a knowledgeable attorney to walk you through this situation can be of significant benefit to you.
What You Need to Know About the Florida Communications Fraud Act
The Florida Legislation passed the Florida Communications Fraud Act in an effort to curb fraudulent schemes conducted over the telephone. A person can be accused of telemarketing fraud engaged in this way if he or she:
- Engages in any scheme with a commitment to defraud and this is communicated over the telephone with the goal of obtaining other person’s property. Property can include anything of value, such as services, intangible property, and real property.
To convict an individual of telemarketing fraud, a prosecutor must be able to demonstrate that the individual was involved in a systematic ongoing course of contact with the intent to obtain property from another by false promises or representations or misrepresenting a future act.
Penalties If Convicted
The penalties for a conviction of telemarketing fraud depend on the amount of property obtained fraudulently. A person can be charged with a third-degree felony if the property was valued at less than $20,000, which carries up to a $5000 fine and five years in prison.
Property that has a combined value between $20,000 and $50,000 is classified as a second-degree felony and can carry up to $10,000 in fine and up to 15 years in prison. Property obtained fraudulently worth more than $50,000 is classified as the first-degree felony and is punishable by up to 30 years in prison and a $10,000 fine.
An individual who has been accused of telemarketing fraud in Fort Lauderdale needs to hire an experienced Fort Lauderdale criminal defense attorney as soon as possible. Some of the most common defenses to allegations of telemarketing fraud include:
- A lack of evidence to support a conviction.
- The individual has been misidentified.
- The accused person did not intend to commit telemarketing fraud or to deceive the victim.
- The individual accused did not make any fraudulent statements in order to induce another person to give up their property.
Serious consequences like heavy fines and jail time may be incurred by an individual who is convicted of telemarketing fraud. Hiring an experienced Fort Lauderdale criminal defense attorney is strongly recommended.