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Imagine getting a call from someone claiming that a close family member is in trouble and needs money right now. Perhaps the voice even sounds like the person himself or herself asking for help.

Or imagine you receive a call from a person who identifies as an IRS agent, and informs you that you are criminally liable for unpaid tax debts.

Or maybe you receive a call from someone who found you through an online dating or friendship website, and wants to visit you in person but is having financial difficulties.

Or perhaps the caller states that he or she is part of the Social Security Administration with an identity theft alert.

Or maybe you receive a phone call or email offering you a can’t miss investment opportunity in Bitcoin or Apple - perhaps the caller or email even congratulates you on winning the grand prize.

Perhaps you receive a text message with a package delivery confirmation or a request for an E-Zpass payment.

Or maybe you log into a website and a pop-up appears to warn you that your identity has been found on the dark web and is being used for criminal purposes, or that your system has a virus and that you should call a specific toll-free number, click on a link for tech support, or go online to a certain website and initiate contact yourself.    

Unfortunately, all of these scenarios and more are becoming increasingly commonplace in today’s digital world. Scammers are experts at playing with your mind and preying on your emotional vulnerabilities. They create a sense of urgency, whether over the phone, online, or through text messages and emails.

They want you to act fast without thinking. They might use fear, and attempt to scare you into believing that something bad will happen if you don't pay. They may act like they're in charge to make you think you have to do what they say. Some scammers try to promise easy money. Some scammers try to make you think they are in love with you and want a relationship. All of these are lies designed to manipulate you into sending money, revealing personal information, or both. If you are pressured to take immediate action without being given time to think it over or talk with someone else, including your attorney, then it is a scam.

How to Spot a Scammer

One of the most common scams today involves the purchase of gift cards, although providing personal information such as social security numbers and dates of birth or wiring money (either from your bank account, credit card transfer, or services like MoneyGram, CashApp, and Western Union) are also prevalent. Real companies and government agencies will never ask you to pay with gift cards. Only scammers will tell you to buy a gift card and give them the numbers off the back of the card. No matter what they say, that’s a scam.

If you are buying a gift card for any reason other than physically giving it to someone you know personally in real life, and a person asks you to provide the numbers off the back of the card, it is a scam. Gift cards are like cash for scammers. It is almost impossible to track gift cards after they have been redeemed. Once a scammer has the card's information, they can quickly turn the card into money. It is also nearly impossible to get your money back. This makes gift cards the perfect tool for scammers to get away with stealing. Even if you're careful, you might still get tricked. If you think you've been scammed, act fast. The sooner you act, the better your chances are of getting your money back.

What to Do if A Scammer Contacts You

If the scam involves gift cards, call the company that issued the gift card and tell them what happened. They might be able to freeze the card or refund your money. You can look for the company's contact number on the back of the card or online. You can check most gift card balances at https://www.giftcards.com.

If the scam involves wiring funds or providing personal information, contact your bank, wire service provider, and credit card issuers immediately to report the fraud and stop any further activity. In every event, you will want to report the scam to your local police and file a report with the Federal Trade Commission at https://reportfraud.ftc.gov. You may also want to contact the 3 major credit bureaus to place an alert on your file and freeze the opening of any new credit accounts at https://www.annualcreditreport.com/protectYourIdentity.action.

You should save everything related to the scam. This includes emails, text messages, receipts, and gift card numbers. Write down everything you remember about the scammer, the date and time, and any relevant details about the scam. The more evidence you have, the better. It will help the police and the gift card company with their investigation. You can stay up to date with scam identification and prevention techniques at https://consumer.ftc.gov/identity-theft-online-security.

This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.

About MCCM

McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals since 1979.  With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.

We represent a diverse range of clients located throughout New York State and New England.  They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts.  For more information, please contact us at 585.546.2500.