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11 Loy. Consumer L. Rev. 4 (1998-1999)
Telemarketing Fraud upon the Elderly Shows No Signs of Slowing

handle is hein.journals/lyclr11 and id is 6 raw text is: CONSUMER NEWS by Mark Allan Baginskis Telemarketing Fraud Upon the Elderly Shows No Signs of Slowing Telemarketing is attractive to those who partake in a legitimate business and to those who are willing to swindle unsuspected consumers out of billions of dollars a year. The National Consumer League receives hundreds of calls daily relating to fraud, and 60% of those calls involve the elderly.' Through the use of well-rehearsed and polished sales pitches, fraudulent telemarketers prey upon the weaknesses of the elderly. For example, one elderly woman lost over $74,000 due to repeated victimization by a telemarketing firm.2 Embarrassed victims often do not report the incident to either their family or to law enforcement officials. In other cases, victims may not know where to report such incidents.3 Recent federal legislation has facilitated the prosecution of telemarketing in federal courts. However, state and local authorities still face many obstacles in attempting to fight telephone fraud.4 While many states do have anti-telemarketing statutes, not all states have consumer protection statutes that protect the elderly.' As more states enhance protection of the elderly, the ability to discourage fraudulent activity against the elderly may increase. However, unless there is uniformity in how deceptive telephone practices are punished, the opportunity will always exists for fraudulent perpetrators to forum shop for an area that does not restrict their deceptive practices. Perpetrators target the elderly for a variety of reasons. According to one fraudulent telemarketer, it is because the elderly are often homebound, and they are more accessible during the day than the working class.6 Others prey upon the elderly's feelings of loneliness.7 Since many elderly people live alone, they may be more receptive to having social contact than younger individuals. These scenarios are open invitations to fraudulent operators. For example, one elderly woman explained to an interested telemarketer that she would consider his pitch if it would provide financial security.9 The telemarketer then focused on financial security as one of his selling points.'0 Only later did she learn, via repeated phone calls and frequent conversations, that she had been victimized due to her loneliness.1 As long as the elderly population continues to grow and the perpetrators of fraud are successful, there will be a need to educate potential victims to 4 Loyola Consumer Law Review Volume 11, number I

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