This week, the Florida Department of Agriculture and Consumer Services (FDACS) issued an administrative complaint against a West Palm Beach-based company conducting unsolicited telephone sales calls to consumers on the “Florida Do Not Call” list. The administrative complaint against Turnkey Auto Group, Inc. and Fidelity Mutual Life, Inc., includes an administrative fine of $345,000 for 171 alleged violations.
“Businesses allegedly conducting unsolicited calls in disregard of the ‘Florida Do Not Call’ list aren’t just violating consumer trust, they’re violating the law,” said Commissioner Nikki Fried. “As the state agency responsible for consumer complaints, our Department will continue to investigate all potential violations of the ‘Florida Do Not Call’ list to hold bad actors accountable for their actions.”
The FDACS actions follow an investigation into 69 consumer complaints submitted to the Department between September 11, 2019 and March 23, 2020 against Fidelity Mutual Life, Inc. and Turnkey Auto Group, Inc. The complaints claimed that the entity was conducting non-solicited telemarketing calls to market auto warranties directly to consumers, including Florida residents. As a result of the investigation, FDACS determined that Turnkey Auto Group, Inc. had indeed made unsolicited telephonic calls to telephone numbers on the Department’s “Florida Do Not Call” list. Per state law, the Department may impose an administrative fine for each call that violated the “Florida Do Not Call” list and therefore intends to issue an administrative fine of $345,000.
The alleged violations are as follows:
- Sixty-six violations of F.S.S. 501.059(2), which provides “any telephone solicitor who makes an unsolicited telephonic sales call to a residential, mobile, or telephonic paging device telephone number shall identify himself or herself by his or her true first and last names and the business on whose behalf he or she is soliciting immediately upon making contact by telephone with the person who is the object of the telephone solicitation.”
- Sixty-eight violations of F.S.S. 501.059(4), which provides that “no telephone solicitor shall make or cause to be made any unsolicited sales call to any residential, mobile, or telephonic paging device telephone number if the number for that telephone appears in the then-current quarterly listing published by the department.”
- Thirty-seven violations of F.S.S. 501.059(8)(a), which provides that “no person shall make or knowingly allow a telephonic sales call to be made if such call involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called.”
