How a Fraud Attorney Can Help You
In today's world, there too many fraudulent scams going around, from get-rich-quick schemes to mortgage fraud. Identity theft and forgery are among these crimes, as are other consumer fraud scams and insurance fraud.
Whether you are an individual or a business, fraud lawyers can assist you if you feel that you have been ripped off or led to engage in a transaction that was misrepresented as something that it was not.
There are laws help to provide fraud protection for both consumers and businesses and that is what fraud lawyers specialize in.
It may appear that any transaction that appears shady is fraud; but to be legally actionable, there are at least four elements that must be proven in order for it to be considered fraud by the courts:
- There must be material (significant) misrepresentation
- You must prove the defendant's intent to misrepresent
- You must prove that you relied on the misrepresentation in make your decision
- You must prove that you were harmed by the misrepresentation
If a fraud claim meets these requirements, it may be considered to be fraud by a court. Fraud lawyers can review the facts of the case and advise you whether or not it is actionable in a court of law.
Even if you cannot prove all of these elements, if you have been harmed by a shady transaction, it is advisable to consult with a fraud lawyer, who can determine whether there might be some other cause of action. If it is not fraud, there may be some other laws that apply, making the case an actionable claim.
Common Types of Consumer Fraud
Consumer fraud protection laws help protect you against a wide variety of scams. Pyramid schemes, false advertising, bait and switch schemes, internet-related fraud, credit card fraud, mortgage fraud, bank fraud, phone company fraud, insurance fraud, and misrepresented prizes or sweepstakes are commonly addressed by fraud lawyers. A fraud lawyer can also assist businesses when dealing with counterfeit payments and check fraud.
The Federal Trade Commission Fraud Division
The Federal Trade Commission (FTC) takes complaints from consumers concerning consumer fraud and identity theft, and they use the statistics to provide warnings to consumers. If you feel that you have been subjected to fraud or identity theft, but the loss is not significant enough to you warrant hiring a fraud lawyer, it is highly recommended that you report your claim to the FTC. Doing so will probably not result in restitution for you, but your report may help the FTC to identify schemes and provide other consumers information that may prevent them from falling for the same scheme.
The FTC provides publications about cams in the consumer protection part of their website. Some of the categories that they address are:
- Buying, financing, leasing, renting, or getting maintenance on an automobile
- Buying a computer, internet access, internet-related entertainment, online shopping and e-payments, privacy and security, spam email, and web scams
- Credit reporting, credit cards, consumer loans, debt resolutions, real estate and mortgage fraud, and privacy
- Information on education, finding a job and scholarships
- Health issues such as treatments, drugs and dietary supplements, and weight loss and fitness
- Identity theft, privacy and security and children's privacy
- Schemes involving business opportunities, work at home schemes and investment schemes
- Telemarketing and mail order schemes
What Does It Cost to Hire a Fraud Lawyer?
Some fraud lawyers charge a retainer fee or a flat fee, while others work on contingency, which means that they take a percentage of the award if they win the case. The best way to find out the cost is to consult with a fraud lawyer, explain your case, find out whether or not is actionable, and get a quote on the price for representing you and the acceptable terms of payment.
Feel free to negotiate with your lawyer for a flat fee so that you know what you are getting into before hiring one. Usually a flat fee can be determined by experienced fraud lawyers who know what to expect from the court system and the defendants. Retainers are usually based on this experience.
Advice Concerning Fraud Protection
When subjected to fraudulent activity, you don't have to settle for being a victim. By hiring a fraud lawyer, you can take action and make the swindler pay for the damage done to you. If you have experienced mortgage fraud, credit card fraud, identity theft, or one of the many types of consumer fraud, seek counsel from fraud lawyers who specialize in fraud protection laws.