Fight Telephone Scams and Stop the Calls

The local news recently reported that a new telephone scam is running in Utah. The telephone scam is not actually new at all but does raise the point that consumers need to be aware of these telephone scams and how to fight back.

Here are a few tips to avoid becoming a victim of a telephone rip off.

Telephone Scam Tip 1: Recognizing a Telephone Scam

You must first learn to recognize a telephone scam. This is actually the easy part. Anyone calling you and asking for your personal, private, or financial information is a scam. Legitimate companies NEVER call to ask for your social security number, date of birth, bank account number, or other similar information. NEVER. If anyone calls for that information they are attempting to scam you.

Telephone Scam Tip 2: Hang Up

Once you recognize a telephone scam, hang up. Don’t give any information and don’t push any buttons on the phone if it is a recording calling you. Just hang up. If you have a call block feature on your telephone you can then block that number from ever bothering you again but even if you don’t, simply hanging up prevents the caller from getting any private information from you.

Telephone Scam Tip 3: Record the Call

If legal in your state and the state of the caller you should record the call. In Utah, it is legal to record telephone calls as long as one party consents to the recording. Recording the telephone rip off call is an excellent way to prove your case if litigation ever becomes necessary.

Telephone Scam Tip 4: Ask Questions

If you really want to tick off a telephone con artist, ask him questions. They hate inquisitive consumers. Indeed, they hate smart consumers so much that asking questions will almost always result in the con artist hanging up on you. In fact, I once had a telephone scam artist so irritated by my questions that he threatened to kill me. That is another excellent reason to record the calls.

If you ask questions you are unlikely to get any actual answers from the con artist but some will give you useful telephone numbers, names, or even addresses. It is rare to get information from a con artist however. Most will simply get mad that you aren’t falling for the scam and hang up on you.

Telephone Scam Tip 5: Don’t Waste Your Time

Don’t waste your time filing a complaint with the FBI. Let me be clear on this point. The FBI is supposed to investigate and prosecute people for committing telephone scams but they will not do it. At least not in Utah. I know because when I tried to report the con artist who threatened to kill me, the FBI outright refused to take a report. To say the FBI agent I spoke with was corrupt and incompetent would be kind. The lesson here is don’t waste your time dealing with the morons at the FBI to stop the morons perpetrating telephone scams. It won’t happen. The FBI is just too ignorant and corrupt to help you.

Telephone Scam Conclusion

The best way to fight back against a telephone con artist is to be able to recognize when a caller is a scam. The next step is to ask questions or hang up. Don’t waste any time with the idiots at the FBI, just hang up and keep your personal information private.

How to Spot a Telephone Scam

Americans lose an estimated $40 billion each year to telephone scams. The simple fact is that if something sounds too good to be true, it probably is a scam. There are many forms of telephone fraud but here are a few of the most common.

Travel Offers

Travel offers by telephone are a major area for consumer telephone scams. It involves a company calling consumers and falsely informing them they have been personally selected to receive a special offer. In reality, the consumer hasn’t won anything but was randomly called by an autodialing system in most cases. The so-called offer is usually a discount travel package, travel club membership, or timeshare. These offers are not prizes but are actually solicitations. Additionally, these telephone scam travel offers are never actually a good value. They include exorbitant hidden fees and costs and often require you to sit through long-winded sales presentations for over-priced and under-valued travel packages.

Free Prize Notifications

Telephone scams often involve fake prize notifications to obtain money and information from consumers. The telephone scam works like this. The company calls consumers randomly to inform the consumer they have won a prize. They then require a payment of fees from the consumer for shipping, handling, membership, or some other nonsense. Some of these con artists are stealing the fees outright while others use the credit card or banking information fraudulently to steal even larger amounts. Many of these prize notification scams are also framed as travel offers as discussed above.

Charities

It is unconscionable that anyone would steal money from consumers under the guise of soliciting charitable donations but the simple fact is that it happens every day. Many calls you receive are actually from charities with legitimate needs but never pay them by telephone unless you know exactly who they are through some independent means. For example, Friends of MS calls my home four or five times every year but we know exactly with whom we are dealing. The same caller, whom we now know by name, calls us each time and never even asks for money by telephone. Instead, they want clothing donations left on our doorstep. In contrast, the people committing telephone scams won’t want clothing, they will want cash or credit card information by telephone and they will want it right now.

Under Utah Law legitimate charities are required to obtain registration from the state and provide you with their permit number and what percentage of your donation will go toward the charitable purpose. You can check these permits at the Utah Division of Consumer Protection website.

Fraudulent Debt Collections

Some telephone scam artists will call you to collect a debt you do not owe. Venerable consumers sometimes make a payment over the telephone just to escape the uncomfortable pressure exerted by these crooks. If a company calls to collect a debt always ask for written validation of the debt but do not provide them with your address. If the debt is actually yours they already have your contact information. If they then fail to send written proof of the debt and their identity and you don’t recognize the debt as yours they are probably scamming you.

Advance Fee Loans

Some telephone scam companies will call to offer you a loan. To do so they will require a payment from you in advance. These companies are either stealing from you outright by using the information for that advance fee to access and drain your account or they are planning to deny your loan while keeping the non-refundable advance fee. Either way, it is a scam. Use banks or credit unions if you need a legitimate loan.

Investment Fraud

Investment advice is never reliable when obtained through a telephone call you did not initiate. Nonetheless, many consumers fall victim to investment telephone scams when they think they are privy to inside information about an investment. These con artists will use every high-pressure sales technique in the book and even instruct you to keep your involvement secret as if you are somehow invited into an inner circle of investment gurus. The truth is that actual investment advisors never cold call potential investors and request money over the phone.

Conclusion

The best advice to avoid being ripped off by a telephone scam artist is to never buy anything from a company or person calling you cold. If they won’t provide you with written notification of a prize, travel offer, debt collection, or other solicitation then they are scamming you. Legitimate companies will always openly and willingly provide you with written information about themselves and their services and products and a telephone scam company usually won’t.

Suing Telemarketers

Telemarketers sometimes have a hard time taking no for an answer.  The first step to ending the calls is to simply ask the telemarketer to stop calling you.  Once you ask, the telemarketer is required by law to stop calling.  Record the details of your request for it to stop calling such as the date, time, and person with whom you spoke, and take a picture of the caller ID for later use.  Writing a letter to the telemarketing company can also sometimes help stop the calls.  Then, if the telemarketer continues calling you have proof you asked for the calls to stop.

You should also put your telephone number on the federal do not call list.  Doing so will stop most reputable telemarketers (if there is such a thing).  For those who do not stop calling, inclusion of your number in the do not call registry provides you additional proof of wrongdoing and creates an additional cause of action against the telemarketer if you decide to sue.

If the steps above do not stop the calls, suing the telemarketer may be your only option.  Use caution, however.  If you have conducted business with the company in the last three months or have given it permission to call you, it is probably not violating the do not call rules until you tell it to stop calling.

You can also sue abusive telemarketers for calling you before 8:00 in the morning or after 9:00 at night, for using an automated dialer to call your cell phone, or failing to provide you a copy of their do not call policy when you request it.

If you sue a telemarketer you could receive a substantial award or settlement but only if you have all your ducks in a row.  Failing to have the required evidence or suing when the telemarketing company has a legal defense could blow up in your face.  If you successfully prove your case, the court can award you up to $500 in statutory damages per violation and, if the telemarketer willfully or knowingly violated the law, up to $1500 for each violation.

Such high statutory damages are powerful tools in the fight against abusive marketing calls but don’t dismiss the effectiveness of the do not call registry and asking callers to stop as good measures toward preventing the vast majority of these calls.  Either way, when you fight against these unwanted privacy intrusions properly, peace and quiet are the ultimate result.

How to Stop Telemarketing Calls

Getting unwanted telemarketing calls can be annoying or downright aggravating depending when it comes or how long it takes to get the caller off the phone. When the telemarketing calls come daily, or sometimes more often, the harassment starts to take quite a toll on even the most patient person. The good news is that stopping most telemarketing calls is easy.

The first step to stop telemarketing calls is to put your telephone number on the federal Do Not Call Registry. Once you do it should take less than 30 days for most telemarketers to stop calling you. Most states also have their own do not call registries you can use in conjunction with the federal Registry. Use both to get the best results. Keep in mind that charities and political candidates can still call you since they are not subject to the do not call regulations.

The next step to stopping the annoying telemarketing calls is to simply tell the abusive telemarketer you want them to stop calling. This is less effective than using the do not call registry but creates an obligation for the telemarketer to put you on its own do not call list and to stop calling you within a reasonable time. Most will stop calling within a few days of your request but a few unscrupulous companies will often continue calling even after you tell them to stop.

Those two simple steps will stop most telemarketing calls. If the telemarketing calls continue gather your telephone records and keep a log of all harassing calls including, who called, when they called, what number they called from, what you told them, and what they told you. A sample log for your personal use is available here. You should also take a picture of the caller ID every time a telemarketer calls and, if legal in your state, record the call. In Utah only one party to a conversation has to consent so feel free to record telemarketing calls if you reside in Utah. If any telemarketers leave you messages record those too.

If telemarketers keep calling you after placing your number on the do not call registry and telling them to stop your best option is to sue. It may seem drastic but suing is not only a sure-fire way to stop the telemarketing calls, it can also be rewarding. Violations for breaking the telemarketing rules can be up to $500 per violation and even higher in some circumstances. You will need the log, recordings, and your telephone records discussed above to prove your claim so be sure to keep accurate and timely records.

Stopping most telemarketing calls is generally easy. For the unscrupulous few who won’t give up so easily, suing is your best option. In either case, if you have any questions or need help with a particularly obnoxious telemarketer feel free to call us.



Click to Call (844) 529-2112

Terms of Use | Privacy Policy | Disclaimer
© 2020 Stephenson Law Firm