Telephone Fraud and Telemarketing Scams
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In January of 2016, the Better Business Bureau put out a list of the top 10 scams of 2015. These included scams that initially contact people by telephone, such as Tax Scam, Lottery/Sweepstakes/Prizes Scam, Debt Collection Scam, and Government Scam. The individual receives a phone call from someone pretending to be with the IRS, law enforcement, or a government agency instructing him or her to send in money for various reasons.
Every year, thousands of people lose money to telephone scams, from a few dollars to their life savings. Scammers will say anything to cheat people out of money. Some seem very friendly — calling you by your first name, making small talk, and asking about your family. They may claim to work for a company you trust, or they may send mail or place ads to convince you to call them. If you get a call from someone you don’t know who is trying to sell you something you hadn’t planned to buy, say "No thanks." And, if they pressure you about giving up personal information — like your credit card or Social Security number — it’s likely a scam. Hang up and report it to the Federal Trade Commission. The FTC provides information on why they are calling you, how to handle an unexpected sales call, and what to do about pre-recorded calls.
A more recent technique scammers have been using is caller ID spoofing. Caller ID spoofing is when the scammer manipulates your caller ID to show false information like your own telephone number, a number of a relative, or a number from your local area code. This method is particularly used with the Tax scam where someone poses as an IRS employee. Another popular scam using this method is the Microsoft scam where someone pretends to be a representative of the company asking to check your device remotely. If you answer these calls you should hang up.
In recent years there has been an influx of calls coming from companies claiming to offer free medical alert systems and telling the individual that it is being provided because a family member or friend has purchased it for them. Then the company tricks the individual into giving their bank account or credit card information claiming it is for a monthly service fee. The article states that consumers should not provide sensitive personal and financial information to cold-callers. Consumers should be aware of red flags used by the scammers such as free offers, scare tactics, needing immediate action, implied endorsement, and refusal to answer questions directly.
If you have a phone then you most likely have been the target, or possibly the victim, of scam or fraud. While many scammers have started targeting consumers via email and text messages, the telephone, which is easy and cost-effective, is still their weapon of choice. Even if you are on the federal Do Not Call Registry, this might not stop crooks who are out to steal your money or identity. These scammers come up with clever schemes to trick unsuspecting consumers, however a large majority of these individual scams fall under one of the following categories: prize/sweepstakes scams, phishing scams, fake check scams and recovery/refund scams. Know what to expect for each of these common phone scams in order to protect yourself, your money and your identity.
Has your evening or weekend been disrupted by a call from a telemarketer? If so, you’re not alone. The Federal Communications Commission (FCC) has been receiving complaints in increasing numbers from consumers throughout the nation about unwanted and uninvited calls to their homes from telemarketers. Pursuant to its authority under the Telephone Consumer Protection Act (TCPA), the FCC established, together with the Federal Trade Commission (FTC), a national Do-Not-Call Registry. The registry is nationwide in scope, applies to all telemarketers (with the exception of certain non-profit organizations), and covers both interstate and intrastate telemarketing calls. Commercial telemarketers are not allowed to call you if your number is on the registry, subject to certain exceptions. As a result, consumers can, if they choose, reduce the number of unwanted phone calls to their homes.
Specifically for Florida residents, the Florida Department of Agriculture and Consumer Services is responsible for the “Do Not Call” list. As a Florida resident, you can have your residential, mobile or paging number included on the list to prevent sales calls or texts. This page provides you with the exemptions to the Florida Do Not Call Law, what to do if you receive an unwanted sales call or text, and links for filing a complaint. It also includes a link to the complete Florida Statute.
While there are many legitimate companies that use the telephone for marketing, consumers and business lose millions of dollars to telemarketing fraud each year. It's sometimes hard to tell the difference between reputable telemarketers and criminals who use the phone to rob people. You can protect yourself by learning how to recognize the danger signs of fraud. If you are a victim or attempted victim of telemarketing fraud, it's important to report the scam quickly so that law enforcement agencies can shut the fraudulent operation down.
This short information sheet created by the Consumer Federation of America provides danger signs of telemarketing fraud and gives a brief statement about how scammer is asking the individual to pay.
This article, from the Better Business Bureau’s regional office of Acadiana, provides a bulleted list of “tip-offs to phone fraud” to be on the lookout for. Things like high-pressure sales pitches, stating it is not necessary to ask the family lawyer about the call, and sending money through Western Union. They also give a bulleted, short list of federal laws that individuals should be aware of regarding telemarketing, it is illegal for telemarketers to call if you have asked not to be called, there are restricted calling hour times, and telemarketers may not lie about any information to get you to pay.
Con artists love the telephone. They also love targeting seniors who often have more time and money than other consumers. While some scams may be readily apparent, others are harder to identify. Bankrate provides the top five tricky phone scams that target retirees.
Consumer Reports announced in June 2015 that the robocall scam was back again. The robocall scam aims to get an individual’s debit card information by “warning” that your account has been frozen until you have verified personal information. You are then asked for your card number, your PIN or security code, and expiration date. Consumer Reports states that to avoid this scam do not rely on simply your caller ID, due to spoofing, hang up the phone, and then check with your financial institution in case of a security breach or any possible fraud on your account. There are also devices that you can purchase to block these robocalls. Consumer Reports conducted a review of the top four in August of 2015.
Scholarly Articles, Research, and Analysis:
If you’re a senior, you may find yourself bombarded with telephone calls from telemarketers offering you everything from “fantastic investment opportunities” to home repairs (for an unbelievably low price). The callers always seem nice, and their offers can seem irresistible. Well, that’s a clue, because if it sounds too good to be true, it probably is: Most of these incredible offers aren’t on the level.
This booklet is designed to help you sort through these telemarketing offers so you can
recognize which offers are on the up-and-up and which are probably scams. It will also tell you about a variety of things you can do if you get one of these calls, including the simplest thing of all—just hanging up. Many seniors like you are proving that, armed with the right education, they can spot these criminals and protect themselves from their schemes. They are proving that they can be as clever as the con artists, as astute as necessary to detect deception, and as confident as need be to keep from being fleeced. Please read this booklet and take to heart the tips and techniques it offers. Remember, when it comes to hanging up on telemarketing fraudsters, it isn’t rude, it’s shrewd.
You get a call or an email unexpectedly from someone who claims to be a friend or relative. This often happens to grandparents with the caller claiming to be their grandson or granddaughter. The caller says there’s an emergency and asks you to send money immediately. But beware, there’s a good chance this is an imposter trying to steal your money! This fact sheet has tips to avoid becoming a victim of fraud.
Every year, Americans lose more than $40 billion to telemarketing fraud. More than one-half of the victims of these crimes are older people. Illegal telemarketers direct anywhere from 56 to 80 percent of their calls at older consumers. As the number of Americans over age 65 dramatically rises in the next two decades, seniors will become an increasingly inviting target for criminals who steal with telephones. Studies show that many older people do not make the connection between illegal telemarketing and crime. They may not understand that dishonest telemarketers are not shrewd business people but criminals who are trying to steal their life savings. This article provides an analysis of telemarketing fraud in the following sections:
This article tells the story of Richard Guthrie, 92, who was tricked into giving banking data to telephone callers, who then stole money from his account. It discusses how Mr. Guthrie’s name, after he entered a few sweepstakes, was entered into a database and then sold by infoUSA, one of the largest compilers of consumer information. According to investigators, infoUSA sold his name, and data on scores of other elderly Americans, to known lawbreakers. It advertised lists of “Elderly Opportunity Seekers” - 3.3 million older people “looking for ways to make money” - and “Suffering Seniors” - 4.7 million people with cancer or Alzheimer’s disease. “Oldies but Goodies” contained 500,000 gamblers over 55 years old, for 8.5 cents apiece. One list said: “These people are gullible. They want to believe their luck can change.”
Congress enacted, on September 14, 1994, a statutory enhancement providing additional five-and ten-year penalty increases for telemarketing fraud conduct. See Part IIA for a detailed description of this enhancement. Congress is likely to address this area again, as indicated by a spate of related legislative initiatives directing the Commission to add various guideline enhancements for telemarketing fraud conduct. In light of these developments, a staff working group was constituted to conduct a detailed study of telemarketing fraud offenses in conjunction with the Commission’s multi-year comprehensive assessment of the fraud and related guidelines.
The working group has reviewed the current operation of the guidelines and determined that they presently take into account a number of harms and culpability concerns related to fraud offenses and elderly victims. The fraud guideline encompasses numerous fraud statutes and operates by assessing the seriousness of the harm caused by a fraud offense. The guideline rationalizes the sentencing of these fraud offenses so that fraudulent criminal conduct of comparable severity is sentenced similarly. The generally applicable vulnerable victim guideline responds to situations in which defendants knew or should have known of their victims’ vulnerability, including vulnerability due to age. In addition, sentencing enhancements exist for factors such as causing harm to more than one victim and misrepresenting that the defendant was acting on behalf of a charitable organization. Moreover, courts are invited to depart and sentence higher than the guideline range in other circumstances that potentially could involve elderly victims.
The working group also conducted an empirical analysis of telemarketing fraud sentences and application of the statutory enhancement. Recognizing the inherent limitations on the current data assessment effort (see infra Part IVA), the following preliminary observations can be made:
In 2000, the Department of Justice (DOJ) funded a grant to the AARP Foundation and the
American Prosecutor’s Research Institute - National District Attorneys Association to create a curriculum and deliver training to district attorneys regarding telemarketing fraud prevention and education. DOJ awarded a supplement grant to AARP in May 2001 to initiate new research to develop information about current victims and investigate best tactics to help consumers resist fraudulent pitches. This report includes findings from three separate but interrelated research activities conducted under that supplemental grant to identify the causes of telemarketing fraud victimization and suggest ways it might be prevented. All were undertaken in 2001 and 2002.