State Watchdog: Division of Consumer Services

Have you ever had a question, concern, problem or complaint that has gone unresolved because you could not figure out the proper agency or resource to contact?

As the state’s clearinghouse for consumer complaints, the Division of Consumer Services within the Florida Department of Agriculture and Consumer Services takes its role as a state watchdog very seriously. With over 40,000 complaints filed in 2010 – an increase of 7 percent from the previous year – the Division boasts an impressive resolution rate of over 88 percent as successfully closed or resolved.

Sometimes confused as having jurisdiction over only the citrus industry, the Division has regulatory authority over the following Florida industries: Business Opportunities, Charitable Organizations, Dance Studios, Do-Not-Call Program, Game Promotions/Sweepstakes, Health Studios (Gyms), Intrastate Movers, Motor Vehicle Repair Shops, Pawnshops, Professional Surveyors and Mappers, Sellers of Travel, Telemarketing, and administers the Florida Lemon Law program in conjunction with Florida Attorney General Pam Bondi.

Following a 138 percent increase in complaints against telemarketers last year, the Division’s Bureau of Investigations recently assisted law enforcement officials in central Florida on three separate enforcement actions.

“With emerging technologies, there will undoubtedly be emerging threats to Florida consumers. My office recently initiated a targeted inspection of 23 telemarketing businesses, which resulted in 153 violations and the collection of over $51,000 in fines,” said Commissioner Adam Putnam. “Through proactive, innovative efforts, we will continue to protect Floridians from harassing and intrusive telemarketing calls, while allowing those businesses who operate within the law to succeed.”

The next largest increase was Real Estate Broker/Salesperson complaints which rose by 36 percent followed by a 32 percent rise in Medical complaints. Motor Vehicle Repair and Do-No-Call complaints were each up by 17 percent while complaints involving Travel/Vacation Plans were down for the second year in a row, decreasing by 29 percent from 2009 to 2010 after a 22 percent reduction from 2008 to 2009.

Due diligence can protect a consumer. Before conducting business with a company, check their complaint history. Have they had complaints? If so, how were they resolved? This can be done by visiting http://www.800helpfla.com and utilizing the “Business/Complaint Lookup” tab, or by calling 1-800-HELP-FLA (435-7352) and allowing a member of the Consumer Assistance Center to retrieve the information. If the particular business is regulated by the Florida Department of Agriculture and Consumer Services, be sure to find out if they are properly registered.

If you are solicited to contribute to a charitable organization, inquire whether the person contacting you is a paid solicitor/fundraiser. If the answer is yes, the vast majority of your contribution may be going to the fundraiser and not the charitable organization. If you are inclined to give, it might be prudent to contact the charitable organization itself and make your donation directly. Consumers can utilize the “Gift Givers Guide” at http://www.800helpfla.com or call the Florida Department of Agriculture at 1-800-HELP-FLA (435-7352) to inquire about the registration status of a particular charity.

Considered as a useful tool in the quest to inform, educate and protect consumers, the Florida Department of Agriculture and Consumer Services has developed the “A-Z Resource Guide,” an online directory of government-related information. Entering a keyword into the search function of the guide at 800helpfla.com will allow the database to locate needed services and assistance fast. Remember, an educated consumer is the best defense against fraud and deception.

The Division of Consumer Services has a monthly electronic newsletter for consumers. Within the Florida Consumer E-Newsletter, you will find tips on important consumer related issues and resources for additional information. Many of the previous editions have been dedicated to topics that focus on popular complaint categories. Consumers are encouraged to subscribe and peruse the archived editions by visiting 800helpfla.com. They can be extremely useful when seeking advice on a particular subject area.

To review Bill Lewis’ entire consumer protection series, visit http://www.williamlewis.us.

Original Source: The Credit Report with Bill Lewis – Highlands Today, an edition of the Tampa Tribune – Media General Group: http://www2.highlandstoday.com/content/2011/mar/04/state-watchdog-division-of-consumer-services/

William E. Lewis, Jr. & Associates is a solutions based professional consulting firm specializing in the discriminating individual, business or governmental entity. To learn more, tune into “The Credit Report with Bill Lewis,” a daily forum for business and financial news, politics, economic trends, and cutting edge issues, weekdays at 9 o’clock on AM 1470 WWNN. To review Bill Lewis’ entire consumer protection series, please visit williamlewis.us.

Stop Annoying or Harassing Phone Calls

Are you receiving annoying or harassing phone calls from telemarketers or debt collectors? In these tough economic times, your telephone seems to ring more often. There are actions you can take to reduce the number of calls you receive. First, you must determine whether the caller is a telemarketer attempting to solicit a product or charity, or a debt collector attempting to collect a past due bill.

To stop most telemarketers from calling your home or cell phone, you must sign up through the Do Not Call Registry offered by the Federal Trade Commission. Registration can be made online at www.donotcall.gov or by calling 888-382-1222 from the number in which you seek to block.

The national Do Not Call Registry gives you an opportunity to restrict most telemarketing calls received on your home or cell number. Once you register, telemarketers covered by registry rules have up to 31 days to remove your phone number from their calling lists. Should the telemarketing calls continue, you have a right to file a complaint with the FTC.

The Federal Trade Commission says that “because of limitations in the jurisdiction of the FTC and FCC, calls from or on behalf of political organizations, charities, and telephone surveyors would still be permitted, as would calls from companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls. However, if you ask a company with which you have an existing business relationship to place your number on its own do-not-call list, it must honor your request. You should keep a record of the date you make the request.”

Distinguished from the telemarketer, is the debt collector. If you owe a past-due bill, debt collectors have the right to call you – but not harass you. The Federal Trade Commission enforces the Fair Debt Collection Practices Act (FDCPA), a federal law that prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.

There are many types of debts covered by the FDCPA. Personal, family, household debts, auto loans, medical bills, and even your mortgage are all protected under the law. The FDCPA, however, does not cover debts incurred to run or operate a business.

Some of the most common questions about debt collectors and consumer rights can be answered by visiting the Federal Trade Commission’s Web site at www.ftc.gov. Although the FTC will not normally intercede on behalf of an individual consumer, they act as a clearing house for complaints and have been known to initiate legal action against the most abusive collectors in the industry.

Should a Florida resident have a complaint about abusive debt collection tactics, they can file a complaint through the Florida Office of Financial Regulation (OFR), the state agency in charge of debt collectors, at www.flofr.com. In this instance, the OFR will open a file and forward the complaint to the offending agency.

If a debt collector violates the FDCPA, you can take legal action.

“You have the right to sue a collector in a state or federal court within one year from the date the law was violated,” the FTC said. “If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.”

Whether you receive an annoying or harassing call from a telemarketer soliciting a product or charity, or a debt collector attempting to collect a debt, you can stop your phone from ringing by simply learning your rights.

William E. Lewis Jr. & Associates is a solutions based professional consulting firm specializing in the discriminating individual, business or governmental entity. To learn more, tune into “The Credit Report with Bill Lewis,” a daily forum for business and financial news, politics, economic trends, and cutting edge issues on AM 1470 WWNN.

Stop Annoying or Harassing Phone Calls

Are you receiving annoying or harassing phone calls from telemarketers or debt collectors? In these tough economic times, your telephone seems to ring more often. There are actions you can take to reduce the number of calls you receive. First, you must determine whether the caller is a telemarketer attempting to solicit a product or charity, or a debt collector attempting to collect a past due bill.

To stop most telemarketers from calling your home or cell phone, you must sign up through the Do Not Call Registry offered by the Federal Trade Commission. Registration can be made online at www.donotcall.gov or by calling 888-382-1222 from the number in which you seek to block.

The national Do Not Call Registry gives you an opportunity to restrict most telemarketing calls received on your home or cell number. Once you register, telemarketers covered by registry rules have up to 31 days to remove your phone number from their calling lists. Should the telemarketing calls continue, you have a right to file a complaint with the FTC.

The Federal Trade Commission says that “because of limitations in the jurisdiction of the FTC and FCC, calls from or on behalf of political organizations, charities, and telephone surveyors would still be permitted, as would calls from companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls. However, if you ask a company with which you have an existing business relationship to place your number on its own do-not-call list, it must honor your request. You should keep a record of the date you make the request.”

Distinguished from the telemarketer, is the debt collector. If you owe a past-due bill, debt collectors have the right to call you – but not harass you. The Federal Trade Commission enforces the Fair Debt Collection Practices Act (FDCPA), a federal law that prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.

There are many types of debts covered by the FDCPA. Personal, family, household debts, auto loans, medical bills, and even your mortgage are all protected under the law. The FDCPA, however, does not cover debts incurred to run or operate a business.

Some of the most common questions about debt collectors and consumer rights can be answered by visiting the Federal Trade Commission’s Web site at www.ftc.gov. Although the FTC will not normally intercede on behalf of an individual consumer, they act as a clearing house for complaints and have been known to initiate legal action against the most abusive collectors in the industry.

Should a Florida resident have a complaint about abusive debt collection tactics, they can file a complaint through the Florida Office of Financial Regulation (OFR), the state agency in charge of debt collectors, at www.flofr.com. In this instance, the OFR will open a file and forward the complaint to the offending agency.

If a debt collector violates the FDCPA, you can take legal action.

“You have the right to sue a collector in a state or federal court within one year from the date the law was violated,” the FTC said. “If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.”

Whether you receive an annoying or harassing call from a telemarketer soliciting a product or charity, or a debt collector attempting to collect a debt, you can stop your phone from ringing by simply learning your rights.

William E. Lewis Jr., is a credit repair expert with Credit Restoration Consultants and host of “The Credit Report with Bill Lewis” on AM 1470 WWNN, a daily forum for business and financial news, politics, economic trends, and cutting edge issues.

http://www2.highlandstoday.com/content/2010/mar/21/lc-stop-annoying-or-harassing-phone-calls/columns-welewisjr/