An attractive stranger with a fake name and profile photo reaches out online and strikes up a connection. They send messages daily. They quickly profess their love for you. They build up a sense of trust. Then, their trap is set.
They start asking for money for various fabricated reasons and pressure you to act quickly. They seek personal information like your Social Security number, bank account information, credit card numbers, home address, or date of birth. They may even encourage you to keep the relationship a secret.
While tech-savvy internet users can often sniff out such scams because they are well-versed in common red flags displayed in these types of scams - such as minimal online presence, fake or AI-generated photos, luxurious lifestyles, and excuses to be unavailable to video chat - other internet users may not be as well-versed in these red flags.
One particular group is the elderly.
There are common signs that an elderly individual is becoming the victim of a scam, such as:
- Unpaid bills
- Unusual changes in spending patterns
- Missing household items
- The purchase of unnecessary or unusual items for an elderly person
- Unexpected changes in wills or deeds
- The emergence of “new friends”
Additional evidence may include promising care, love, or services in exchange for money or property and not following through on the promise, as well as trickery, false pretenses, dishonest acts, or false statements for financial gain.
With romance scams on the rise, it is important to keep in mind existing laws to help protect against such elder abuse and these scams.
At the federal level, there is the Elder Abuse Justice Act, which requires that the Department of Health and Human Services to oversee the development and management of federal resources for protecting our seniors from elder abuse. This includes the establishment of the Elder Justice Coordinating Council, the Advisory Board on Elder Abuse, and Elder Abuse, Neglect, and Exploitation Forensic Centers, as well as funding to state and local adult protective service offices and programs to provide training.
Additional federal laws can also provide a level of security to elders, such as the Bank Secrecy Act (BSA), which seeks to guard against threats posed by money laundering and illicit finance by requiring Suspicious Activity Reports (SARs) for certain transactions and training employees to recognize fraudulent events. This includes check fraud, mortgage fraud, credit card fraud, consumer loan fraud, identity theft, and false statements.
State laws also provide protection. Elders and those interacting with them, whether as customers or clients, should be aware of their states’ exploitation laws. In Ohio, “exploitation” can be summarized as the unlawful or improper use of an adult or their resources for personal or financial gain by exerting control without proper consent, or through deception, threat, or intimidation. Similarly, Michigan outlaws financial exploitation and requires certain financial institutions to develop policies and train its employees to prevent and report financial exploitation, including deception, manipulation, coercion, intimidation, or improper leveraging of a caregiver relationship.
Furthermore, it is important to be aware of state reporting laws related to abuse. For example, Ohio law sets forth a list of professionals who must report abuse to the county Department of Job and Family Services when they have reasonable cause to believe an adult is being abused, neglected, or exploited. Required professionals include attorneys, a wide range of healthcare workers, certain financial professionals and entities, such as banks and credit unions, and first responders. Similarly, Michigan has a list of mandatory reporters who must report adult abuse to the Michigan Department of Health & Human Services. This includes people employed, licensed, registered, or certified to provide health care, educational, social welfare, mental health, or other human services, and law enforcement.
Additional state laws may protect elders from romance scams, such as forgery laws and laws against deception, coercion, or undue influence.
Financial institutions and any other individuals or entities engaging in transactions with the elderly or who have a legal responsibility over an elderly person need to be aware of these laws and romance scams.
If you have questions about this topic or want to learn more about Weltman’s consumer collections and/or credit union representation solutions, connect with Attorney Justin Conner at any time.
This blog is not a solicitation for business, and it is not intended to constitute legal advice on specific matters, create an attorney-client relationship or be legally binding in any way.
