Phone and telemarketing fraud refers to any type of fraudulent scheme whereby a criminal communicates with the potential victim by way of telephone. Such schemes can come in the form of credit card fraud, international lottery scams, or investment reports. "According to one report, 'California residents received 419 million robocalls in September 2018. According to the Irvine-based tech firm YouMail after releasing one of its robocall index reports stated that Americans received 4.4 billion calls in September (2018) -- an average of 147 million calls per day -- up more than 4% from a month earlier." YouMail stated that "even though global calls come from legal sources such as political campaigns, banks, and pharmacies; scams and telemarketers are behind nearly two-thirds of such calls. Illegal scams now make up about 41% of the figures."The state of California is the nation's most populous state and is ranked second overall for robocalls falling behind the state of Texas, which is ranked number one. The CEO of YouMail was recorded as stating with regards to the data collection used to calculate its robocall index, "It helps us understand where the problem is the biggest, and then we can start exploring more data in those areas, to try to understand why, and then feedback and improve our service. Originally, we did the robocall index because nobody measured the scope of the problem."
Legally how is the problem being dealt with? An attorney who specializes in handling robocall matters stated that "Generally consumers report telemarketing fraud to federal agencies such as the Federal Communications Commission or the Federal Trade Commission. In California, the state's general theft statute does not specifically speak to the method of telemarketing but is still applicable to it. And it criminalizes fraud where individual acts knowingly and by design, uses false or fraudulent representation, where the action results in the defrauding of any person and involves money, labor or real or personal property. The Senate Bill 208 has been submitted that requires telecommunications companies to crack down on robocalls that are designed to appear as a local caller. Besides, it gives telecom companies until July 1, 2022, to take the steps necessary to stop such illegal scams."
It is important to note that in the state of California, robocalls are strictly regulated and are only to be used under limited circumstances. For example, robocalls may be used by a school in order to inform parents of a student's attendance or a police department issuing a public safety alert. In addition, robocalls are restricted between the hours of 9 a.m. and 9 p.m.
Research has shown that Americans receive around 4 billion robocalls a month, which is 1 500 calls per second, according to the Federal Communications Commission. Such calls take a peak in tax season where many Americans receive fraudulent calls that claim to be from the IRS.
If you have been a victim of telemarketing fraud and want to file a lawsuit for unwanted robocalls contact a law firm of renowned professionals to represent your interests.
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