Florida Consumer E-Newsletter February 2005 |
Download PDF version [837K PDF]
A Message From the Commissioner...
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Dear Friends: Unwanted sales calls can be annoying and intrusive. One of the many consumer protection programs that the Department provides is the "Do Not Call" Law. Thousands of Floridians have taken steps to prevent unwanted sales calls and pre-recorded messages into their homes by placing their residential and cellular phone numbers on the state's "Do Not Call"List. Most commercial telemarketers are prohibited by law from calling any |
This service has become an excellent tool in restoring our basic right to privacy in our own home, as well as preventing telemarketing fraud. I invite you to learn more about this program by reading the rest of this information, and I encourage all consumers to participate in this program if they wish to prevent many unwanted sales calls to their home.
 Charles H. Bronson COMMISSIONER |
Unwanted Sales Calls - Florida Do Not Call
The Florida Department of Agriculture and Consumer Services maintains the state's "Do Not Call List.” You can place your residential, cellular or paging device telephone number on the list. There is an initial fee of $10 for each phone number per year, and then a $5 annual renewal fee for each number thereafter. The fees are used to pay the expenses for operating the program and enforcing the law. It’s easy to join the millions of Florida residents already on the list. Simply call our Consumer Assistance Hotline at 1-800-HELP-FLA (435-7352) to submit an application by phone or to request an application be sent to you via mail. You may also download an application.
The Florida Do Not Call List is updated quarterly, published on the first business day of January, April, July and October and is then made available to telemarketers throughout the country. While being on the list helps to alleviate most telephone sales calls, some solicitation firms are exempt from the provisions of the law. Solicitors may make calls when:
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From a newspaper publisher
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In connection with an existing debt or contract
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A real estate agent responds to an advertisement
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In response to an express request of the person called
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A prior or existing business relationship exists
Calls from political parties, research/survey companies, collection agencies and charitable organizations requesting a donation are generally exempt and therefore are not calls in violation of Florida law.
If you are on the list and receive a call that does not meet the exemptions outlined above, you should attempt to obtain as much information as possible from the caller and immediately report it to the Florida Department of Agriculture and Consumer Services. You can call our Consumer Assistance Hotline at 1-800-HELP-FLA (435-7352) to request a complaint form via mail or file online. Just last year we received a total of 3,821 complaints for suspected violations of the Florida Do Not Call Law, 36 resulted in settlements or court actions and a total of $319,750 were collected in fines.
Florida Law also prohibits prerecorded messages. In general, a sales call made with a prerecorded message and without a real or “live” person to introduce that message is a violation. In other words, when I answered the telephone there was nobody to speak with because the sales call was a recording, and not a person. A prerecorded sales call violation may include calls made to subscribers on the Florida Do Not Call (DNC) list as well as non-subscribers.
Remember… our Consumer Assistance Specialists are available to help you with any additional questions or concerns you may have. They can be reached by calling our Consumer Assistance Hotline at 1-800-HELP-FLA (435-7352), or for additional information, you can visit our Florida Do Not Call webpage.
Additional Resources
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Florida Do Not Call Information - Learn more about the Florida Do Not Call Program administered by the Florida Department of Agriculture and Consumer Services.
Florida Do Not Call Statute - Telephone solicitation, the complete Florida Statute.
Do Not Call Frequently Asked Questions - Frequently asked questions and contact information.
Do Not Call Online Complaint Form - File an online Florida Do Not Call complaint.
Do Not Call Complaint Form [139K PDF] - Download the Florida Do Not Call Complaint Form an remit by mail.
