Kim Gale  |  October 22, 2020

Category: Legal News

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Female doctor straps leg brace on male patient
According to a recent scam alert by the Better Business Bureau (BBB), vulnerable consumers are being peppered with medical brace texts and robocalls attempting to lure them in with “free” medical equipment.

Do You Get Spam Calls About Medical Braces?

The scam alert warns seniors about unscrupulous companies purporting to offer free back braces are actually after their hard-earned money. According to the BBB, spam calls about medical braces will start with the offer of a free brace for their back or knee.

Scammers reportedly tell their intended victims that they qualify for free equipment. Some even say that they are calling from Medicare or other reliable source. However, consumers complain that the “free” medical brace often shows up with a bill, either to the consumer or to Medicare. Further, the BBB reports that returning the items can be next to impossible.

The BBB says that these medical brace calls can be relentless. Consumers report that the scam calls about medical braces keep coming until they allow the caller to submit an order to their doctor. According to the BBB alert, sometimes medical equipment, along with a hefty bill, just shows up, even when the caller says “no.”

According to Consumer Affairs, those who receive a spam call about braces should just hang up. Some robocalls instruct consumers to press a button to “opt out” of the offer; however, consumers report getting the brace no matter which button they press.

The BBB warns to be aware of these scams. Not only can they lead to a bill for unwanted medical equipment, they can also constitute Medicare fraud if the company uses a consumer’s Medicare number for unneeded medical care or equipment.

Can Robocalls Be Against the Law?

Some robocalls can violate a federal law protecting consumers from unwanted or harassing telemarketing calls. The Telephone Consumer Protection Act requires advertisers to obtain permission from consumers before contacting them with an advertising call. In addition, the TCPA created the National Do Not Call Registry that allows individuals to list numbers they do not want telemarketers to use.

In addition, spam calls about medical braces attempting to perpetrate Medicare fraud by shilling unnecessary medical equipment to elderly consumers may be illegal as well. In April of 2019, the Department of Justice reportedly cracked down on one such scam.

According to a report by the Associated Press, the federal department announced that call center owners, medical equipment companies, telemedicine firms, and even some doctors took part in a $1.2 billion scheme to defraud Medicare and seniors. According to the DOJ, doctors would write fraudulent prescriptions for medical braces. In addition, call centers, most of which were located in foreign countries, would call seniors offering free medical equipment. In total, the scheme reportedly made $1.7 billion in fraudulent Medicare claims, $900 million of which was paid.

Federal investigators were tipped off by reports of the scam to the Medicare fraud hotline, according to the AP.

“The breadth of this nationwide conspiracy should be frightening to all who rely on some form of health care,” one official reportedly said in a statement regarding the scam. “The conspiracy … details broad corruption, massive amounts of greed, and systemic flaws in our health care system that were exploited by the defendants.”

Indeed, according to Consumer Affairs, Medicare fraud and related schemes are on the rise. Medicare fraud inflates the cost of medical care for everyone and depletes this tax-payer funded vital source of healthcare for the elderly.

Are Medical Brace Calls a Scam?

Annoyed woman on cell phoneSpam calls about medical braces can certainly be a scam. The BBB cautions consumers to be on the lookout for the following when getting medical brace calls:

  • Companies offering free medical braces or other equipment in exchange for a Medicare number
  • Companies that ask consumers to sign blank forms from a medical equipment or other health care provider
  • Duplicate or unnecessary charges on a Medicare Summary Notice or Explanation of Benefits
  • Unsolicited calls from medical suppliers 15 or more months after doing business with them

What Is the TRACED Act?

The Pallone-Thune TRACED (Telephone Robocall Abuse Criminal Enforcement and Deterrence) Act was passed and signed by the president in December of last year. This new law beefs up what the FCC and your cell phone provider can do to help prevent medical brace robocalls and other nuisance calls.

You might have noticed some calls that come to your phone are marked “Scam Likely” or “Spam Alert” to help you determine whether or not you want to answer a phone call from an unrecognized number.

The cell phone industry also is making investments to stop such irritating calls before they even connect to your phone, preventing the robocall from disturbing you in the first place. According to ABC News, these “call authentication technologies” have advanced quickly due to one of the provisions in the TRACED Act that required telephone companies to step up their game in protecting consumers from spam calls.

The TRACED Act has provisions designed to alleviate the number of scam calls to consumers across the U.S.

One of the biggest deterrence to spammers is that robocallers may be fined up to $10,000 per illegal call, compared to the previous amount of $1,500 per call. The TRACED Act also has extended the FCC’s statute of limitations on spam call offenses.

To monitor progress on reining in nuisance calls, the FCC will be required to produce an annual report on the enforcement of robocall laws and to recommend additional legislation as it deems fit.

FCC Chairman Ajit Pai issued a statement that said in part, “I applaud Congress for working in a bipartisan manner to combat illegal robocalls and malicious caller ID spoofing.”

What Can You Do About Medical Brace Robocalls?

In addition to carefully screening spam calls about medical braces, consumers can take a number of actions to stop getting the robocalls in the first place, according to Consumer Reports.

Consumers can take advantage of federal laws protecting them from annoying telemarketers and register their number with the Do Not Call list. In addition, consumers can report calls to the Federal Communications Commission. Consumer Reports notes that FCC rules protecting consumers from robocalls have been enhanced to provide greater protection.

However, despite these protections, spammers will still use the readily available technology to attempt to defraud consumers and the government alike. Consumer Reports suggests consumers install technology to block robocalls. In addition, consumers who do pick up without realizing it’s a robocall or scam should hang up immediately.

Join a Free Medical Equipment and Product TCPA Class Action Lawsuit Investigation

If you have received a prerecorded message or robocall regarding a medical device like hearing aids, insulin pumps, or other medical products, you may be able to join this Medical Equipment and Product TCPA Class Action Lawsuit Investigation. You may be owed compensation.

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This article is not legal advice. It is presented
for informational purposes only.

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One thought on Are Medical Brace Robocalls Illegal?

  1. Gee Willikers says:

    I get dozens of calls daily about equipment and the Medicare enrollment
    I was threatened by a caller last week that he “ was outside my door & was going to snipe me thru the window” then cone in & kill & rape me

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