What are the fines and penalties for Warranty Extension Scams ?

By Spodek Law Group
August 9, 2024
3 min read
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Understanding Fines and Penalties for Warranty Extension Scams

Warranty extension scams have become increasingly common, often involving telemarketers or robocalls that use high-pressure tactics and false claims to sell extended vehicle warranties. These scams can lead to severe legal consequences for those involved, ranging from fines to imprisonment. At Spodek Law Group, we are dedicated to helping clients navigate these complex legal issues. Let's explore the fines and penalties associated with warranty extension scams, the relevant laws, and the factors that influence sentencing.

Types of Involvement and Legal Consequences

The severity of the penalties for participating in a warranty extension scam largely depends on your level of involvement:
  • Unwitting Participant: If you were unknowingly involved, perhaps as an employee of a company engaged in fraudulent practices, you are less likely to face severe penalties.
  • Active Participant: If you knowingly participated but played a minor role, you might face fines and potential probation, but jail time is less likely.
  • Organizer or Ringleader: If you were a key player in organizing or running the scam, you are at a much higher risk of facing jail time.

Relevant Laws and Penalties

Warranty extension scams can violate several federal laws, each carrying significant penalties:
  • Telemarketing Sales Rule (TSR): This FTC rule prohibits deceptive telemarketing practices. Violations can result in civil penalties of up to $43,792 per violation.
  • Wire Fraud (18 U.S.C. § 1343): Using telecommunications to execute a fraudulent scheme can result in up to 20 years in prison and hefty fines.
  • Mail Fraud (18 U.S.C. § 1341): Similar to wire fraud but involving the use of the postal service, with penalties also up to 20 years in prison and fines.
  • Conspiracy to Commit Fraud (18 U.S.C. § 371): Involvement in a conspiracy to commit fraud carries a maximum sentence of 5 years in prison.

Factors Influencing Sentencing

When determining the appropriate penalties, courts consider several factors:
  • Scale of the Fraud: The number of people affected and the amount of money involved.
  • Your Role: Whether you were a mastermind or a low-level participant.
  • Prior Criminal History: Any record of similar offenses.
  • Cooperation with Authorities: Whether you have been helpful in the investigation.
  • Restitution: Efforts made to repay victims.

How We Can Help

Facing charges related to a warranty extension scam can be overwhelming, but you don't have to navigate it alone. At Spodek Law Group, we have extensive experience handling fraud cases and can provide the legal representation you need to protect your rights and achieve the best possible outcome. Contact us at 212-300-5196 to discuss your case and explore your options.

Conclusion

Warranty extension scams carry significant legal risks, including fines, probation, and imprisonment. The penalties depend on various factors, including your level of involvement and the scale of the fraud. Understanding the relevant laws and potential consequences is crucial. If you find yourself facing charges, reach out to Spodek Law Group for expert legal assistance. We are here to help you navigate these complex legal waters and protect your future.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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