Fake Law Firms and Debt-Enforcement Threats — Attorney Aylin Esra Eren
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News interview | Attorney Aylin Esra Eren
According to reports reflected in the press, 33 suspects were detained in an operation targeting two call centers in Istanbul. In the incident, where it was reported that approximately 300 people were victimized through various methods, there are also allegations of identifying oneself as an attorney or a law firm employee and demanding payment.
Attorney Aylin Esra Eren evaluates the issues of verifying enforcement and seizure claims made via telephone, and the protection of personal data and evidence.
In the recent incident, it is seen that citizens are called by individuals posing as attorneys or law firm employees and threatened with enforcement. What should citizens do when they receive such a call?
First of all, one should not panic. The fact that a person introduces themselves on the phone as an attorney, a law firm employee, or any public official does not mean that they actually hold that title.
Especially if expressions such as "if you do not pay immediately, enforcement will be initiated", "a lawsuit has been filed against you", "your file has been sent to the court", "if you do not pay today, seizure proceedings will begin" are used, the citizen must first independently verify the truth of the claim.
If there is a genuine legal proceeding, it must be concretely demonstrated which file, which receivable, and which legal relationship it is based on. Threats or pressure made only during a telephone conversation do not constitute a legal proceeding document.
It is also stated that personal information was used in the incident. What kind of problem arises here in terms of personal data?
There is another extremely important legal dimension here. Phone numbers, addresses, order information, shopping history, or information showing that a person is interested in a specific product can be turned into a tool of pressure in the hands of fraudsters.
The unlawful acquisition, use, or transfer of personal data is an issue that may also give rise to legal and criminal liability depending on the nature of the incident.
Therefore, citizens should not normalize the situation by saying "I had already given this information somewhere." The fact that data has been shared before does not mean that this data can be used for any purpose and without limitation.
Why can such fraud methods be used particularly over sexual health products?
Because here, not only an economic vulnerability, but also a sense of privacy is exploited.
The person may worry about action being taken against them, their environment or family learning about this issue, or their name appearing in a legal file. Fraudsters can force the person to make a quick decision by using this exact psychological pressure.
Therefore, it is very important that the citizen does not act with a sense of shame, hesitation, or panic. The law does not legitimize demanding money based on a person feeling that their private life or privacy is under threat.
How can a citizen distinguish a genuine attorney from a fraudster?
The most important issue is verification.
The name, office information, and file information provided by the caller must be checked from independent sources. Payment should not be made to the bank account or personal account given during the phone call just because it is said "you have a file".
The citizen must investigate through official channels whether the claim reported to them actually exists.
Furthermore, creating pressure on a citizen by using the name of the legal profession and the image of a law firm is an extremely serious situation. The existence of a genuine legal relationship and a person introducing themselves as an attorney on the phone are completely different from each other.
Do you see a common behavioral pattern in such fraud methods?
Yes. Usually, a multi-stage psychological pressure is established.
First, the person is reached over a product, service, or order. Then, it is claimed that there is a legal obligation with expressions such as "you have a debt", "your order has been accepted", "you signed a contract", or "you did not receive the product".
Then, the person on the other end of the phone introduces themselves as a law firm employee or an attorney.
In the final stage, legal concepts such as "enforcement", "seizure", "lawsuit", "court" are used to scare the person and make them pay without thinking.
Therefore, the citizen needs to be careful, especially against the pressure of "pay immediately".
What should a person who thinks they are a victim do?
They should definitely not delete the evidence.
Phone numbers, WhatsApp messages, SMS messages, social media correspondence, order records, sent documents, IBAN information, receipts, and voice messages, if any, must be preserved.
The person should also establish the chronology of the event as much as possible: When was the first contact established, which number called, what was said, which document was sent, how much money was demanded, and if a payment was made, where was it made?
This information is extremely important for the legal evaluation to be made later.
What is the most important point that citizens should pay special attention to?
Citizens should not perceive legal threats coming via phone as a real court decision.
It should not be thought in the way of "An attorney called, so I have a debt."
First of all, it should be investigated whether there is actually a contract, order, debt relationship, or enforcement file. The person should not make a payment without seeing and verifying the legal basis of the claim directed against them.
Making quick decisions due to shame or fear, especially in matters involving privacy, is the most important advantage for fraudsters.
Finally, what is the message this incident gives in terms of the legal system?
This incident should not be evaluated merely as an individual fraud case.
The use of concepts that represent citizens' trust in the law, such as "attorney", "law firm", "enforcement", "court", and "seizure", for fraudulent purposes can also damage the sense of legal security in society.
It is of great importance that citizens learn about legal processes from reliable sources, do not make payments without verifying suspicious requests, and receive professional legal support when they think they are under any threat or pressure.
It should not be forgotten that a real legal process does not consist of methods of intimidation and creating panic. A legal claim has a basis, a file, and a procedure.
Therefore, our citizens need to be cautious against individuals who introduce themselves on the phone as an attorney or a law firm employee; and not make payments without verifying the claims directed against them through official channels.