Senior Crimes and Consumer Protection Unit

• Don’t be pressured to make an immediate decision.
• Don’t pay for something merely because you will get a free gift.
• Get all information in writing before you agree to buy.
• Check out a charity before you give.
• Don’t invest your money with an unknown caller who insists you make up your mind immedi
• Always be skeptical of salespeople that call you. Typically roofers, repairmen, and professional money investors don’t contact you, you contact them. Check out unsolicited offers with the Better Business Bureau, local consumer protection agency, Prosecutor’s Office, or the state Attorney’s General’s Office.
• Be cautious of statements that you’ve won a prize, particularly if the caller states that you must send money to claim the prize.

Telemarketing fraud involves several different types of scams that con artists use to try to get money. Fraudulent telemarketers try to take advantage of older people on the theory that they may be more trusting and polite toward strangers.

Be aware…Don’t fall for theses common telemarketing scams:

Prize Offers – You usually have to do something to get your “free” prize, like attend a sales meeting, buy something, pay a fee, or give out a credit card number. Prizes are usually worthless and overpriced.

Travel Packages – “Free” or “low cost” vacations can end up costing a lot in hidden costs. Usually you will pay a high price for part of the package like the airfare or hotel. Typically the total cost will end up running two or three times what you were led to believe.

Investments – Each year millions of dollars are lost on get rich quick schemes that promise high returns with little or no risk. Typically these scams involve, cable television production deals, Internet gambling, rare coins, art, or other investment opportunities. These con artists rely on the fact that investing may be complicated, and many people don’t research the investment process.

Charities – Con-artists often push you for an immediate gift, but will not send written information so you can check them out. They also may try to confuse you by using names that sound like well-known charitable organizations or even law enforcement agencies.

Recovery Scams – If you buy into any of the above scams, you’re likely to be called again by someone promising to get your money back. Be careful not to lose more money to this common practice. Even law enforcement officials can’t guarantee they’ll recover your money.

Foreign Lotteries – Scam operators often based in Canada are using the telephone and direct mail to entice U.S. consumers to buy chances in high-stakes foreign lotteries from as far away as Australia and Europe. These lottery solicitations violate U.S. law, which prohibits the cross-border sale or purchase of lottery tickets by phone or mail.

Telemarketing call times are restricted to between 8 a.m. and 9 p.m.

It’s illegal for a telemarketer to call you if you’ve asked not to be called. The National Do Not Call Registry is a free, easy way to reduce the telemarketing calls you get at home. Register by visiting www.donotcall.gov or call toll-free 1-888- 382-1222 from the phone that you want to register. You will remain registered for five years, until the number is disconnected, or until you take it off the registry. After five years, you will can renew your registration.

• Federal Trade Commission: 877-FTC-HELP (1-877-382-4357)
• The Prosecuting Attorney’s Office: 866-498-8503
• Your local police department

These scams involve a person from a foreign country who either contacts you by phone or through the mail and tells you that a recently deceased family member has money tied up in a foreign bank and needs you to act as their representative for a percentage (usually 30%) of the money in the bank. In the end the scam is designed so that you will put up some of your own money in the hopes that you will be getting a big return when the money is released from the foreign bank.

If you hear these or similar lines from a telephone salesperson say “no thank you” and hang up the phone:

• You’ve been specially selected to hear this offer.
• You’ll get a wonderful free bonus if you purchase our product. You’ve won one of five valuable prizes.
• You’ve won big money in a foreign lottery.
• This investment is low risk and provides a higher return than you can get anywhere else.
• You have to make up your mind right now.
• We’ll just put the shipping and handling charges on your credit card.
• You don’t need any written information about our company or references.

You always have the option to file a civil case against the maker of the bad check

Was the check for $6,500 or less?

If the amount in question is $6,500 or less, you could file a complaint in small claims court to recover your loss. (Per MCL 600.8401, the amount increases to $7,000 on Jan 01, 2024) You do not need an attorney in small claims court. Contact your local District Court for the form and instructions.

Was the check for more than $6,500?

If the amount in question exceeds $6,500, you could hire an attorney to file a regular civil lawsuit to collect. (Per MCL.600.8401 this amount increases to $7,000.00 on Jan 01, 2024). Some attorneys may file a lawsuit for you on a contingency basis.

The Macomb County Prosecutors Office is committed to protecting the people of Macomb County from financial fraud. The Macomb County Prosecutors Office does not tolerate any bad checks, however not all bad checks can be prosecuted as a crime. The first step is to determine whether the circumstances that gave rise to issuance of the check rises to the level of a crime.

Crimes: Generally, circumstances amounting to a crime are shown when a check is issued and represented by the maker to have sufficient funds on deposit for immediate withdrawal at the bank, which induces immediate action by you such as immediate performance of services or immediate delivery of goods.

For example, circumstances that will not support a bad check crime occur when a bad check is issued and presented for payment of a preexisting debt.

However, there are numerous variations of bad check scenarios, including “stop-payment” checks, or non performance of services, which must be reviewed on a case by case basis to determine if a crime was committed.

If you believe that you are the victim of a consumer fraud or any senior crimes, you should report the matter to your local Police Department so that they can begin a criminal investigation. Provide as much background information as possible. Depending on the findings, they may present the evidence to the Macomb  County Prosecutor's Office to initiate criminal proceedings in Court against the suspect. If the criminal proceedings are successful, the Judge may assign jail time or other penalty, and payment of restitution to you.

The National Committee for the Prevention of Elder Abuse (NCPEA) is an association of researchers, practitioners, educators, and advocates dedicated to protecting the safety, security, and dignity of America’s most vulnerable citizens. The NCPEA Web site contains numerous resources including a bibliography of elder abuse resources.

The National Center on Elder Abuse (NCEA) houses the Clearinghouse on Abuse and Neglect of the Elderly (CANE). The Web site contains basic fact sheets on elder abuse, information on reporting, NCEA publications, online discussion board, statistics and much more. This is a federal grant-funded partnership of leading organizations involved with preventing elder abuse.

The Administration for Community Living was created around the fundamental principle that older adults and people of all ages with disabilities should be able to live where they choose, with the people they choose, and with the ability to participate fully in their communities.

Michigan Department of Attorney General Elder Abuse: More than 73,000 older adults in Michigan are victims of elder abuse. They experience abuse, neglect, and exploitation. The symptoms and treatment of elder abuse are complex and demand a concerted effort to tackle this often unrecognized and unreported social problem.

S.C.A.M.S - Stopping Crimes Against Macomb Seniors - Learn how to protect yourself from SCAMS.  For more information on the Macomb County Prosecutor's Office's SCAMS Program or to schedule a SCAMS presentation please contact Heather at 586-469-5642 or heather.esposito@macombgov.org