Telemarketing Fraud in Nevada: Definition, Penalties, and More

Back when landlines were a household staple, dinnertime interruptions were almost a guarantee. Just as you sat down to eat, the phone would ring. But it wasn’t your school friend calling or a long-lost relative catching up—it was almost certainly a telemarketer, pitching some “amazing” product or service you neither wanted nor needed.

In some cases, they were asking for money for a charity that may or may not exist. Before any laws were enacted to protect the public from telemarketers, they were a nuisance that people dealt with at the family dinner table for years.

Even in this technology-driven era, they still invade our space. Telemarketers have new avenues to pursue, like text messages and direct messages. They no longer are just calling and leaving messages, they can infiltrate every avenue of communication you have.

Despite laws regulating telemarketing, it remains a persistent annoyance—whether it’s unsolicited calls to your cellphone, unwanted text messages, or intrusive direct messages on your social media and email accounts.

But is there a difference between being annoying and committing a criminal offense?

Telemarketing practices become criminal when they ignore the laws and regulations or use deceptive practices to get money or other things from a victim.

Telemarketing fraud can send a defendant to prison for several years and have significant fines.

Facing fraud charges is a serious matter. It’s crucial to consult with an experienced defense attorney before speaking with police or investigators. The Defenders has helped countless clients facing fraud charges. Our lawyers have experience and resources to effectively defend you against these charges.

If you or a loved one is facing fraud charges, it’s important to act fast. Contact our firm for a free case evaluation.

What Is Telemarketing Fraud?

Telemarketing fraud in Nevada refers to the use of deceptive tactics over the phone to manipulate other people into purchasing goods or services. Scammers often make false claims about the products or services being offered, exploiting trust to achieve their goals.

Using false statements about price or benefits can be a violation of state law about solicitation by telephone. This can also be considered a federal crime of the Federal Telemarketing and Consumer Fraud and Abuse Prevention Act.

Some examples of telemarketing fraud include:

• Advance Fee Scams: Convincing someone to pay upfront for a product or service that doesn’t exist.
• Free Trial Scams: Offering a free trial with hidden fees that automatically renew unless canceled by the customer.
• Identity Theft Scams: Asking for personal information, like social security numbers, under the pretense of verifying identity.
• Money or Charity Scams: Requesting money with false promises, such as asking someone to send money to unlock a non-existent inheritance.

What Are the Penalties for Telemarketing Fraud?

Telemarketing fraud can fall under several criminal offenses with heavy fines and long prison sentences. 

People who work in telemarketing may not even realize that they are committing a crime or may not even realize the charges they could face. 

These penalties include:

Wire Fraud

Wire fraud is a federal crime that involves misrepresenting a material fact to intentionally defraud another person. Penalties include up to 20 years in prison, significant monetary fines, and restitution. Additionally, each incident of wire fraud can be charged as a separate offense. For example, if someone made 10 fraudulent phone calls, they could face 10 counts of wire fraud, multiplying the charges and penalties.

Deceptive Advertising

False advertising is illegal, even if no one suffers any financial loss. This includes telemarketing or other deceptive practices. For first and second offenses, it is considered a misdemeanor with penalties of up to six months in jail and/or a $1,000 fine. Subsequent offenses are classified as gross misdemeanors, carrying up to 364 days in jail and a $2,500 fine. For instance, a company falsely claiming their product cures medical conditions could face these charges, even if no customers are harmed.

Fraud

The penalties for fraud depend on the nature of the offense, the number of victims, and the financial losses involved. Penalties can include jail time, heavy fines, and restitution to victims. For example, a scammer who defrauds multiple victims through a fake investment scheme could face harsher penalties if the financial losses are significant.

Telemarketing Fraud Targeting Seniors

Telemarketers who intentionally target seniors aged 55 or older face additional penalties, including an extra 10 years in prison. Scammers who prey on seniors’ vulnerability, such as offering fake medical devices or fraudulent sweepstakes, may face these enhanced penalties for exploiting this demographic.

False Impersonation

Falsely impersonating someone over the phone with the intent to deceive is a crime punishable by 1 to 5 years in state prison. For example, someone pretending to be a government official over a call to collect fake “tax payments” could be charged with false impersonation, facing severe consequences for their actions.

Many people take telemarketing jobs as additional income or to work around a school schedule since they operate 24 hours a day. 

Many defendants may not even be aware of the deceptive practices the company is doing. But as you can see the charges and penalties are severe. 

Contact an experienced legal representative if you have been charged with any type of fraud charges. Being charged with fraud is considered a “white collar crime” or a crime with financial implications without violence. 

These crimes don’t involve physically hurting a victim but instead defrauding people out of their hard earned money. But the penalties are steep and serve.

What Are the Defenses Against Telemarketing Fraud Charges

Depending on the case your attorney will prepare a strategic defense to prove your case. The most common defenses against fraud charges are as follows:

• There was no intent: Fraud is a crime that requires intent. To be convicted, you must have deliberately intended to defraud someone through telemarketing scams. If your lawyer can demonstrate that there was no intent, the charges may be dismissed. For example, if you worked for a telemarketing company but were unaware of its deceptive practices, this could be used as a defense.
• The defendant was falsely accused: If your attorney can prove you were wrongly accused or misidentified as the perpetrator, the case could be dismissed.
• The police gathered evidence illegally: Evidence must be collected legally through proper search warrants. If the police obtained evidence through an illegal search, it may be ruled inadmissible in court, potentially leaving the prosecution without enough evidence to convict you.

These are just examples of the strategic defenses an experienced attorney can use to create reasonable doubt and work to get your case dismissed.

How Can the Defenders Help You?

Fraud cases come in many forms—from telemarketing fraud to tax fraud and many other types of fraud.

These criminal charges have severe consequences like long prison sentences and heavy fines and leave a lasting effect on your life. You may not be able to gain employment or even get an apartment if you have a felony record. 

The Defenders will use all the resources we have available to investigate your case and gather the evidence needed to draw up a strong defense to get the charges either dismissed or reduced.

Our team has been representing clients charged with crimes ranging from fraud to drug charges to DUI.

Our team will be with you every step of the way. Don’t leave your possible freedom up to a public defender who you may not meet until your first court appearance.

Call The Defenders today for a case review and to learn what we can do for your case.

Frequently Asked Questions