TITLE 18 - US CODE - CHAPTER 113A - TELEMARKETING FRAUD

18 USC 2325 - Definition

In this chapter, telemarketing

(1) means a plan, program, promotion, or campaign that is conducted to induce

(A) purchases of goods or services;

(B) participation in a contest or sweepstakes; or

by use of 1 or more interstate telephone calls initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant or charitable contributor, or donor; but

(2) does not include the solicitation of sales through the mailing of a catalog that

(A) contains a written description or illustration of the goods or services offered for sale;

(B) includes the business address of the seller;

(D) has been issued not less frequently than once a year,

if the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls takes orders without further solicitation.

18 USC 2326 - Enhanced penalties

A person who is convicted of an offense under section 1028, 1029, 1341, 1342, 1343, or 1344, or a conspiracy to commit such an offense, in connection with the conduct of telemarketing

(1) shall be imprisoned for a term of up to 5 years in addition to any term of imprisonment imposed under any of those sections, respectively; and

(2) in the case of an offense under any of those sections that

(A) victimized ten or more persons over the age of 55; or

(B) targeted persons over the age of 55,

shall be imprisoned for a term of up to 10 years in addition to any term of imprisonment imposed under any of those sections, respectively.

18 USC 2327 - Mandatory restitution

(a) In General.—
Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution to all victims of any offense for which an enhanced penalty is provided under section 2326.

(b) Scope and Nature of Order.—

(1) Directions.—
The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victims losses as determined by the court pursuant to paragraph (2).

(2) Enforcement.—
An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.

(3) Definition.—
For purposes of this subsection, the term full amount of the victims losses means all losses suffered by the victim as a proximate result of the offense.

(4) Order mandatory.—

(A) The issuance of a restitution order under this section is mandatory.

(B) A court may not decline to issue an order under this section because of

(i) the economic circumstances of the defendant; or

(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.