Fraud Surges During Back-to-School Season: How Can Parents and Students Protect Their Legal Rights? Lawyers Analyze Common Scams and Key Points for Filing Reports
The start of the school season has always been a peak period for fraud cases. Police across various regions have recently issued frequent warnings, reminding parents and students to stay alert against various scams. From imposters posing as teachers to collect school fees, to fake tutoring class promotions, and campus loan traps targeting college students, fraud tactics are constantly evolving and becoming increasingly hard to guard against. In the face of these situations, beyond staying vigilant, it is even more important to understand the underlying legal rules—once you fall victim to fraud, how should you preserve evidence? Can you recover your losses after reporting to the police? Where should you start with civil claims? This article, from the perspective of legal practitioners, breaks down common fraud schemes during the back-to-school season and provides specific legal response strategies.
Common back-to-school season fraud tactics and their legal characterization
Fraud tactics during the back-to-school season typically exploit the information gap and anxiety of parents and students. One type involves impersonating school teachers or staff, posting fee collection notices in class groups, and requesting transfers under the guise of textbook fees, physical examination fees, or vaccination fees. Another type involves fake extracurricular tutoring or training programs that charge high tuition fees under the banner of prestigious schools and famous teachers before disappearing. There are also scams targeting college students, such as cancelling campus loans and part-time job click-farming schemes, which exploit students' lack of social experience to commit fraud.
From a legal perspective, these acts may simultaneously violate criminal and civil laws. At the criminal level, if the amount of fraud meets the local case-filing standard, it usually constitutes the crime of fraud under Article 266 of the Criminal Law. According to judicial interpretations, defrauding public or private property valued between 3,000 yuan and 10,000 yuan can be认定为 "relatively large amount," and the offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also or solely be fined. If the amount of fraud is huge or the circumstances are serious, the maximum sentence can be fixed-term imprisonment of more than ten years or even life imprisonment. In addition, the Anti-Telecommunications and Online Fraud Law, which took effect in 2022, clearly stipulates the responsibilities of telecommunications business operators and internet service providers, providing more sufficient legal basis for tracking down fraudsters.
At the civil level, fraudulent conduct constitutes a tort, and affected parents or students have the right to claim damages for tort liability in accordance with Article 1165 of the Civil Code. However, the premise of a civil claim is the ability to clearly identify the defendant, and fraudsters often use false identities or other people's accounts, which creates practical difficulties for recovery.
After falling victim to fraud, how to effectively preserve evidence and file a police report?
Once fraud is discovered, the top priority is to preserve evidence. Many victims delete chat records and transfer vouchers in a panic, which makes subsequent rights protection difficult. Lawyers advise taking screenshots immediately to save all relevant chat content, including the other party's account information, Moments posts, or group chat records, while also keeping bank transaction records or third-party payment vouchers. If phone communication is involved, try to keep call recordings, but be mindful of the boundaries of recording legality—recordings made in conversations in which you participate are generally recognized as legal evidence.
When filing a report, you should bring your identification and the above-mentioned evidence materials to the nearest public security organ's economic crime investigation department or local police station. The core of filing a report is to clearly state the facts, including the time, location, the other party's identity information, method of communication, transfer amount, and account. After the police file the case, they will initiate investigation procedures in accordance with the law. It should be noted that the filing standards vary by region, but even if the amount does not meet the criminal filing threshold, filing a report is still meaningful: first, you can obtain a case acceptance receipt, which provides supporting evidence for subsequent civil litigation; second, the police can consolidate and cross-reference cases, and if it is discovered that the same criminal group has committed multiple offenses, they may merge the cases for filing.
For parents and students, the statute of limitations for filing a report is easily overlooked. The criminal prosecution limitation period is determined based on the maximum sentence that may be imposed. For fraud crimes, the prosecution limitation period is generally five or ten years, but it is not calculated from the date of the fraud, but rather from the date the criminal act concludes. If a report is not filed for a long time, evidence collection and case investigation may be affected.
Analysis of Civil Rights Protection Avenues and Difficulties in Prevailing in Litigation
When criminal asset recovery is insufficient or cannot be resolved in a timely manner, civil claims serve as a supplementary avenue. The injured party may sue the holder of the receiving account in court on grounds of unjust enrichment or tort. However, such lawsuits face notable difficulties: first, the defendant's identity may be fraudulent; second, the funds may have been quickly transferred, and even a favorable judgment may encounter obstacles in enforcement.
Therefore, lawyers are more inclined to recommend focusing on criminal reporting, because the mechanisms for recovering stolen assets and obtaining restitution in criminal proceedings are often more effective than civil enforcement. According to Article 64 of the Criminal Law, all property obtained illegally by criminals shall be recovered or restitution ordered. This means that as long as the police trace the flow of the stolen funds, the restitution procedure will be initiated, without the need for the victim to file a separate lawsuit. Of course, if the fraudster is apprehended but the stolen funds have already been squandered, the victim may still file a separate civil lawsuit to seek compensation from the fraudster's personal assets.
Additionally, parents and students can pay attention to the advance compensation mechanisms of telecom operators and payment platforms. Some third-party payment platforms have risk control compensation policies for fraudulent transactions. Timely contact with platform customer service to freeze accounts and submit appeals can sometimes help recover part of the losses.
Lawyer's advice: Prevention beforehand is more important than remedy afterward.
Legal measures are after-the-fact remedies, but the cost of preventing back-to-school season fraud is far lower than the cost of rights protection. When parents receive any payment notice, they should verify it with the teacher by phone or in person and should not easily transfer money to unfamiliar accounts. For extracurricular training courses, be sure to verify the institution's operating qualifications and the teacher's identity, sign a formal contract, and request an invoice. College students should be wary of any "part-time job" or "loan cancellation" operation that requires an upfront transfer, as legitimate financial institutions will not charge fees before disbursing a loan.
If a family unfortunately falls victim to fraud, it is advisable to consult a professional lawyer as soon as possible to assess the feasibility of criminal reporting and civil claims. Guangdong Zhiming Law Firm has long handled various types of fraud rights-protection cases and has rich practical experience in evidence organization, case reporting assistance, and civil litigation. We recommend that victims complete evidence preservation and case reporting within one week after the incident, as the probability of recovering funds is relatively higher within this time window.
Fraud tactics during the back-to-school season may keep evolving, but they all share the same essence—exploiting information asymmetry to create anxiety. Mastering basic legal knowledge and maintaining rational judgment can effectively help you avoid most traps. Even if you unfortunately fall victim, taking timely legal action can minimize your losses to the greatest extent.
