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What’s the Difference Between a Telemarketer and a Scammer?

From spoofing local phone numbers to creating convincing websites, scammers have gotten increasingly better at mimicking legitimate businesses. It can be impossible for a layperson to identify the difference between a scam artist and a legitimate telemarketer.

If you’re receiving harassing or suspicious phone calls, especially those claiming to be from financial institutions or government entities, immediately contact federal consumer protection attorney Jibrael S. Hindi.

Defining Telemarketing Under Federal Law

Both the Telephone Consumer Protection Act (TCPA) and the Telemarketing and Consumer Fraud and Abuse Prevention Act (TCFPA) define telemarketing and solicitations. Under the TCPA, telephone solicitations are defined as calls placed to encourage purchases, rentals, or investments in legitimate goods, services, or property. The TCFPA has a similar definition, defining telemarketing as ‘a plan, program, or campaign’ to get you to make a purchase or charitable contribution. In both definitions, the legitimacy of the goods and services offered is implied.

Identifying Scams and Defining Fraudulent Telemarketing

Phone scams are a form of telemarketing fraud. Fraudulent telemarketers – also called scammers or scam artists – often pretend to be selling legitimate investments or goods. However, they are simply attempting to obtain payment or financial information with no intent to provide the goods or services as promised. Examples of the most common phone scams in the United States include:

  • AI-generated robocalls mimicking legitimate people
  • Government impersonation (IRS, SSA, DMV, and toll violations)
  • False Charities
  • Lottery scams
  • Impersonating family members
  • Fake calls from banks about fraud or account closure
  • Cryptocurrency investments

While legitimate telemarketers may be annoying, the Federal Trade Commission reports that people have lost their life savings to phone scams. Times have changed, and you should not provide any financial information over the phone. If you’re not sure whether a government call or investment is legitimate, reach out to a compassionate consumer protection lawyer for a free legal consultation.

Remedies for Unlawful Telemarketing and Scams

Multiple federal and state laws protect U.S. consumers from harassing robocalls and scams. An experienced consumer protection lawyer might help you recover financial damages using the following laws:

Statutory Damages for TCPA Violations

The TCPA permits you to recover $500 for each unsolicited robocall, including from scam charities. Though it can be difficult to recover these damages from overseas scammers, an experienced consumer protection lawyer might help you obtain compensation from telemarketers who violate TCPA provisions.

Civil Lawsuits Under the TCFPA

Federal law (87 U.S.C. § 6104) allows private persons, generally through a TCFPA attorney, to file civil lawsuits for damages. You might recover all damages incurred, including legal fees and court costs, as a result of deceptive and unlawful telemarketing practices.

Fraud and Theft

Criminal scam artists are often hard to trace, especially if they’re overseas. If you believe you’ve been scammed, contact a consumer protection lawyer to discuss your right to file a civil lawsuit for fraud or theft and report these claims to law enforcement officials.

National Telemarketing and Phone Scam Protection Lawyer

Whether you’ve been subject to unlawful telemarketer harassment or scammed, numerous legal protections might entitle you to financial damages. Contact the experienced telemarketing and consumer protection team at the Law Offices of Jibrael S. Hindi for free today by calling (844) 542-7235 or connecting with us online.