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Telemarketing Fraud. Saavy Swindlers
by Mark A. Krohn, Partner
Jacobowitz & Gubits, LLP
Bridget explained that she got a telephone call from someone identifying himself as a
representative of the Canadian Lottery. The man explained that she had won $850,000. and all
she had to do was to pay for the Canadian income tax due in advance. We contacted the United
States Secret Service and they agreed to investigate. Well, as it turns out, the telephone call
made to Bridget concerning the Canadian Lottery turned out to be a fraud. Bridget was happy she
had investigated the scam before parting with her hard-earned cash. Is there any way of knowing
whether a sales call is legitimate? The answer is "No." Follow Bridget's advice:You should
always check out calls from persons or organizations that are unknown to you before sending
them any money.
Dick wants to know what he can do to protect himself from telemarketing fraud.
I suggested that
he refrain from making a quick decision when he is tempted to buy. Another tactic would be to
ask the telemarketer what recourse a buyer has if they decide to make a purchase and are
thereafter unsatisfied with the product.
Chickie Baby hesitated. Finally, she explained that she purchased some earings recently through
a telemarketer. "Such a deal! I only paid $460 for them!" Upon her inspection of the earings
they turned out to be junk. Chickie claims that the quality of the earings were misrepresented to
her and that the telemarketer had to have "some kinda Chutzpah" and he now refuses to refund
her money. Chickie wants to know whether I will agree to sue the telemarketer for the purpose of
obtaining a full refund. Unfortunately, victims of phone fraud rarely get their money back or, if
they do, they receive no more than a few cents on the dollar. Because of the amount of money
involved. Chickie may not want to sue. The fraud should nevertheless be reported to the authorities because consumer advocate groups and law enforcement can do much to stop
swindlers if there is evidence of a sufficient number of complaints. Furthermore. if the sum involved were more, civil action to recoup Chickie's money may make economic
sense and a proper and careful investigation would be in order.
"The more sand that has escaped from the hourglass of our life, the clearer we should see through
it." .... Quotation by an unknown author.
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