Florida Consumer E-Newsletter
February 2009
Charles H. Bronson
Commissioner
A Message from the Commissioner
Dear Friends:
Major advances in technology over the past fifty years have had a significant impact on the telecommunications industry. We are now more accessible by telephone than ever before. While there are obvious advantages to increased accessibility, the Florida Legislature wisely recognized that these high-tech improvements significantly increased the potential threat of infringement upon a consumer’s basic right to privacy. As a result, laws were passed establishing telemarketing guidelines and creating the Florida Do Not Call Program. This program has been a resounding success. Since the year 2000, the Division of Consumer Services has received more than 35,000 complaints regarding potential Do Not Call violations. During the 2008 calendar year alone 5,084 complaints were either phoned in or submitted online and $102,000 in fines were collected.
We’ve devoted this issue of the Florida Consumer E-Newsletter to informing you about your rights and responsibilities regarding the Florida Do Not Call Program. Remember, education is the best defense against fraud and deception. The Florida Department of Agriculture and Consumer Services is here for you - our Consumer Hotline will answer any questions you may have or direct you to the best resource for assistance. If you are calling within Florida simply dial 1-800-HELP-FLA (435-7352), outside of Florida 850-488-2221 or en Español 1-800-FL-AYUDA (352-9832). You can also visit us online at www.800helpfla.com for additional information.
Sincerely,
Florida remains one of only a handful of states which maintains its own Do Not Call list for its residents not wishing to receive sales calls. The National Do Not Call Registry went into effect in 2003, and in the years since, many states have chosen to drop their own programs. Florida’s leaders recognize the advantages of having a program that works in conjunction with the national registry. The two programs complement each other and significantly increase the likelihood that consumers will be able to achieve the level of privacy that they desire with regard to telecommunications.
Florida’s residents can subscribe to the Florida Do Not Call list by calling our consumer assistance center at 1-800-HELP-FLA (435-7352) or online at www.800helpfla.com. Residential, mobile, and paging device telephone numbers are eligible to be on the list. The cost of subscription per number is $10 for the first year and then $5 for each year thereafter. The fees collected are used to pay the expenses associated with the operation of the program and enforcement of the law. You will also be required to provide your name and mailing address so that the Division of Consumer Services can send a renewal notice 30 days before your subscription is set to expire to ensure that there is no interruption of protection. The list is updated quarterly and the deadlines for having your phone number placed on the next available quarter’s Do Not Call list can be obtained on our website or by contacting our consumer assistance center.
Is Anyone Exempt From The Law?
A company may still call Do Not Call list subscribers when the call:
- Involves a prior or existing business relationship
- Is in response to an express request of the subscriber
- Is from a newspaper publisher
- Is in connection with an existing debt or contract
- Is made by a real estate agent responding to a yard sign or other advertisement
Charitable organizations, political candidates, research or survey companies seeking an opinion, and collection agencies attempting to locate a debtor or collect on a debt are also allowed to call subscribers as their calls are not considered “telephonic sales calls” as defined by Florida law.
What If I Continue To Receive Sales Calls?
Reporting the violation is critical to the success of the program. The process for reporting violators is quick and easy. Subscribers can call 1-800-HELP-FLA to request a Do Not Call Complaint Form via regular mail, or they may choose to file a Do Not Call Online Complaint by visiting www.800helpfla.com. Regardless of your reporting method, please attempt to get the name of the person making the call, the company calling, telephone number of the company, date and time of the call, and what product or service they were offering. You should also inform the caller that you are on the Florida Do Not Call list. If the offender does not comply with the law and the Division seeks legal action, the law provides for civil penalties of up to $10,000 per violation and injunctive relief through the courts.
Additional Resources
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Florida Do Not Call Program
The Florida Department of Agriculture and Consumer Services maintains the State's "Do Not Call" list. Florida residents who do not wish to receive sales calls may have their residential, mobile or paging device telephone number included on this list. Business numbers may not be included on the list.
