In addition to laying out penalties for many forms of frauds and swindles (for example, Title 18, Section 1341), the US Code directs the Federal Trade Commission to adopt rules surrounding unfair or deceptive or abusive acts or practices in telemarketing (Title 15, Section 6102). Telemarketing rules include such things as restrictions on the hours of the day where calls are permitted and requirements regarding prompt and clear disclosure by telemarketers and telephone solicitors.

Telemarketing prosecution relies primarily on other fraud-related law, such as Title 18’s Sections 1028, 1029, and the aforementioned 1341, and 1342-1344. But when the fraud is committed via interstate telephone, the offense — or conspiracy to commit the offense — garners enhanced penalties. According to Section 2326, if the crime is “in connection with the conduct of telemarketing,” the offender shall be imprisoned for a term of up to five years in addition to any term of imprisonment imposed under the fraud-related sections. And if the scam targets the elderly, the enhancement is up to ten years. Because of the serious legal consequences, if you have been charged, or under investigation, for telemarketing fraud, contact a criminal defense attorney who is seasoned in telemarketing fraud cases.

Title 18, Section 2327, directs the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court.

The Federal Trade Commission’s attorneys are authorized to file civil actions against telemarketing fraudsters in federal district court. The Department of Justice, the FBI, and state agencies also investigate and prosecute telemarketing abuses. Typically, these court actions seek preliminary and permanent injunctions to halt deceptive activity, as well as redress for injured consumers. What these US agencies are doing is spelled out in a Department of Justice release.

The Federal Trade Commission has issued a helpful article regarding telemarketing travel frauds as well as the FBI on common fraud schemes.

If you are under investigation or face prosecution for telemarketing fraud, it is important to seek the counsel of an experienced telemarketing fraud defense attorney as soon as possible.