Legal Protections for the Elderly in Texas

Protection against fraud for seniors in Texas

In Texas, as across the U.S., laws are in place to protect elderly individuals from financial exploitation and fraud, particularly when aggressive sales tactics are used. Texas has several strong laws to protect the elderly, especially for individuals over 65, who may be more susceptible to fraud. Here is an overview of the laws which provide protection against fraud for seniors:

Texas Elder Financial Protection Laws

Texas Penal Code (Section 32.53)

The Texas Penal Code criminalizes the exploitation of the elderly. This statute makes it illegal to improperly use of an elderly individual’s resources for personal benefit, profit, or gain. Those who are guilty of exploiting the elderly can face criminal charges, with penalties ranging from fines to prison sentences.

Texas Deceptive Trade Practices Act (DTPA)

The DTPA protects Texas consumers, including the elderly, from misleading or fraudulent sales tactics. This law makes it illegal to use false or misleading statements in sales, as well as any form of deceit in advertising, pricing, or representation of goods and services. If an elderly person is defrauded due to fraudulent sales tactics, they may be eligible to sue under the DTPA for damages. The law provides for triple damages if the act was committed knowingly or intentionally, and which can include mental anguish damages.

Protection Against Telemarketing Fraud

Texas law also has specific provisions to guard against telemarketing fraud, which often target the elderly. The state’s telemarketing laws include requirements for disclosures, limitations on call times, and prohibitions against misrepresentations. The Texas Telemarketing Disclosure and Privacy Act helps enforce these rules, and the Texas Attorney General’s office pursues violators.

Adult Protective Services (APS) in Texas

Adult Protective Services (APS) is a division of the Texas Department of Family and Protective Services (DFPS). APS investigates reports of abuse, neglect, and exploitation of vulnerable adults, including the elderly. If an elderly individual in Texas is suspected to be the victim of financial exploitation or aggressive sales tactics, APS can intervene. APS can conduct investigations, provide services, and connect seniors with support to prevent further exploitation. APS involvement can be a crucial step when immediate protection is needed, as they work closely with law enforcement and social services.

Protections Through Guardianship

In cases where an elderly individual is deemed unable to manage their financial affairs due to cognitive decline or other disabilities, Texas law allows for the appointment of a guardian to manage their assets and decisions. This legal arrangement helps prevent the elderly person from being targeted by aggressive sales tactics. Texas courts carefully review and monitor guardianship arrangements to prevent misuse, as they are intended to protect the elderly person’s best interests.

Federal Protections that Apply in Texas

Elder Justice Act

The Elder Justice Act, provides funding for elder abuse prevention programs across the U.S., including Texas. It provides resources to investigate and prosecute cases of elder fraud and abuse. This act supports local efforts in Texas to train law enforcement and social workers to identify and respond to elder abuse cases, including those involving aggressive sales tactics.

The Senior Safe Act

This federal law encourages financial institutions, such as banks and credit unions, to report suspected financial exploitation of seniors. It provides immunity to financial professionals who report suspicious activities concerning the elderly, which is crucial for identifying cases of aggressive sales tactics before they lead to major financial loss.

Telephone Consumer Protection Act (TCPA)

The TCPA establishes limits on telemarketing calls, robocalls, and other sales tactics that are used to defraud the elderly. Texans can register on the National Do Not Call Registry, reducing the number of telemarketing calls they receive. Violations of the TCPA can result in fines and other penalties, and elderly individuals can file complaints about aggressive telemarketers.

How to Report Elder Financial Exploitation in Texas

If an elderly person or their loved one suspects they are a victim of aggressive sales tactics or fraud, there are several steps they can take:

– File a Complaint with the Texas Attorney General’s Office: Reports of fraud can be filed with the Consumer Protection Division, which can investigate and take action against businesses or individuals engaging in deceptive practices.

– Report to Adult Protective Services (APS): APS investigates cases of elder abuse and exploitation, and they can intervene to protect the individual.

– Contact Local Law Enforcement: If financial exploitation is suspected, contacting local police or the sheriff’s office is essential, especially in cases of urgent need or large financial losses.

– Seek Legal Assistance: Texas has several legal aid organizations and attorneys who specialize in elder law and can provide counsel to help recover lost assets or pursue restitution.  Nunis & Associates specializes in protecting Texas citizens from fraud and misrepresentation.

Summary

Texas has several laws, agencies, and resources designed to provide protection against fraud for seniors from aggressive sales tactics and financial exploitation. By understanding these protections, elderly individuals and their families can take proactive steps to safeguard against financial exploitation and report abuse when it occurs. If you or someone you know has been a victim of fraud or unfair sales tactics, don’t hesitate to reach out to us at Nunis & Associates. Your rights are our priority.