For your convenience, we have compiled a list of the most frequently asked questions of the investigators in Consumer Affairs. We hope these questions and answers will help you. If not, please contact us so we may assist you further.

Q. I bought a dog from a local pet shop and just a few days later he became very sick, and the shop refuses to take him back. Do I have any rights?


A. You certainly do. The Division urges pet buyers to make sure you are aware of your consumer right's according to Florida's Pet Lemon Law before you buy a dog or cat. The main provisions of this law provide protection for consumers who have purchased a sick dog or cat from a pet dealer. The law also requires anyone who offers for a sale a dog or cat to have a current official certificate of veterinary inspection.

AUTO

Q. Don't I have three days to cancel a car purchase?


A. No. An automobile contract is binding as soon as it is signed. There are certain types of contracts that have cancellation grace periods, but none of them apply to automobile purchases. (See Cooling Off Rule)

Q. Should I lease a car instead of buying?


A. Probably not. In most cases the consumer will end up paying more for a leased vehicle than one they are purchasing on a retail installment contract. When the inception cost, the monthly payments and the residual fees of a lease are added together, they usually total more than the down payment and monthly payments of a retail installment contract. The division has a lease cost comparison guide available to assist consumers with their decisions.

Q. The used car I bought yesterday broke down today. How can I make the dealer give me my money back?


A. If the seller refuses a refund, he can only be forced into a refund by legal action. Used cars in Florida are sold "As-Is", meaning, unless you buy a warranty with the car, you are stuck for any and all repairs, unless you, the buyer, can prove in court that the seller knew about the problems in the car and intentionally hid these defects from you to get you to buy the car.

Q. What makes a car a lemon?

A. The Motor Vehicle Warranty Act (Florida's Lemon Law) defines a "lemon" as a vehicle that was purchased new and has a major manufacturing defect that can not be repaired after three attempts or a vehicle that has been out of service for a total of 15 days for major problems. These conditions must be met within 18 months from the date the vehicle was sold new.

COOLING-OFF RULE

Q. Is there a Florida law that allows me to take back an item that I purchased or cancel an agreement or contract?

A. There is a Federal law, actually, that gives you three days to cancel purchases of $25 or more made in your home or at a location that is not the seller's regular place of business. The three day right to cancel does NOT apply to sales
• that are under $25
• that are made entirely by mail or phone
• that are needed to meet an emergency, such as the sudden appearance of insects in your home
• that involve real estate, insurance or securities
• that are of automobiles sold at temporary locations, provided the seller has at least one permanent place of business
• that involve arts and crafts sold at fairs or other locations

To cancel a sale, sign and date one copy of the cancellation form that the salesman should have given you. Then mail it to the address given for cancellation so that the envelope is post-marked before midnight of the third business day after the contract date. Remember, Saturday IS considered a business day, but Sunday is not. If you are not given cancellation forms, you can write your own cancellation letter, but it must still be post-marked before midnight of the third business day after the contract date. And for proof of mailing in both cases, send your letter CERTIFIED.

CREDIT

Q. Can anyone get a copy of my credit file from a credit reporting agency (credit bureau)?


A. No. Only a legitimate business can get a copy of your file, if they have your permission in writing. But they also must be a member of that credit reporting agency (credit bureau).

Q. I got behind on some of my bills and now debt collectors are harrassing me at work and at home. Can they do that?


A. A collector may contact you in person, by mail, telephone, telegram or FAX. However a debt collector may not contact you at unreasonable times or places, such as before 8AM or after 9PM, unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves. To make them stop contacting you at work, you would have to send them a letter telling them your employer does not like it.

EMPLOYMENT

Q. Is there a difference between an employment agency and a job listing agency?


A. A very good question and one we receive all the time. Many names are used loosely and interchangeably, such as "employment agency," "personnel placement service," "executive search firm," or "executive counseling service." Employment agencies or personnel placement services work to fill specific positions available within companies. Their purpose is to bring applicants and employers together. Job listing services or advisory services sell information about obtaining employment in the U.S. or abroad. Information may include lists of job openings, general tips on conducting a successful job search or interview, and broad guidance in resume writing. Be aware that some listing services and advisory firms may place ads that appear to offer jobs when, in fact, the firms are selling only employment information.

ENTERTAINMENT

Q. A talent agency is in town holding auditions at a local hotel. How can I tell if this is a legitimate offer?


A. The best protection against losing money to a phony talent agency or motion picture representative is to be informed before you respond. The Consumer Affairs Division offers the following tips:
• Florida law requires talent agencies including modeling services, be licensed with the Florida Department of Business and Professional Regulation. This license number must appear in all advertisements and at the place of business. Call the Department at (904) 488-6602 ext. 574 to verify a license and check for complaints.
• Ask to receive all claims and agency information in writing.
• Check the complaint history of the agency with the local Better Business Bureau and Consumer Affairs Division in the area the company is located.
• Be sure to get all verbal promises in writing. Remember, they cannot guarantee to find you the "star" position of your dreams.
  

GOING-OUT-OF-BUSINESS

Q. Last year in Jacksonville, we saw so many companies, large and small, suddenly close down without any warning, and in many cases leaving customers without merchandise or service. What can be done to keep from being ripped off by these closings?


A. Thats a good question but it doesn't have a simple answer. When a business closes, there may be little warning, and it may be very difficult to retrieve merchandise or deposits left with the company. To protect yourself from being stuck when a business folds, the Florida Attorney Generals Office has some TIPS FOR CONSUMERS. You can also contact the Division of Consumer Affairs and inquire as to whether we have recieved any complaints from other consumers. An inordinate number of complaints in a very short time frame could indicate a store is going to be closing.

HOME IMPROVEMENT

Q. A man came to my door this week offering to make some repairs around the house. How can I find out if he was a legitimate contractor?


A. Transient cons are door-to-door home improvement solicitors traveling through Jacksonville, who usually prey on seniors living in older communities where the homes are in need of repair. Seniors are likely targets because they usually pay in cash; are often reluctant to ask questions; and because most seniors live on a fixed income, they are attracted to the low prices that are initially quoted by the transient con. Most of these solicitors arrive in unmarked vans or trucks and use the "just finished a job down the street", or the "they can do the job at an unbelievably low price because they have leftover material" sales pitch. They usually offer to pour asphalt drives, check the roofs for leaks, paint, etc. The problem occurs when the transient con asks for money up front and never returns to complete the job, or after completing the work they demand payment which is twice the original quoted price or the work they do complete is shabby. The consumer is left with incomplete and/or poor work from con artists who are no longer in town. If you have home repair needs, the Consumer Affairs Division offers the following tips:
1. Just say "no" when approached by a door-to-door home improvement transient con.
2. Always check the complaint history of a contractor with the Better Business Bureau at 721-2288 and the Division before contracting for any repair work. Contact the Florida Construction Industry Licensing Board at 727-6530 to confirm the contractor is licensed to conduct business in Florida.
3. Even with small jobs, always request a written contract describing the work to be done, materials to be used, beginning and estimated completion date, and the estimated cost of the repair work. Avoid contractors who say, "We don't need to bother putting it in writing."

Q. What can I do if I'm not satisfied with a contractor's workmanship?


A. Contact the contractor about your complaints and see if you can mediate a solution. If mediation doesn't solve anything, you can file a complaint with the Division of Consumer Affairs. The contractor may have to be licensed so you can also contact the Department of Business and Professional Regulation (DBPR) at 727-5590 which enforces licensing regulations.

LANDLORD/TENANT

Q. My refrigerator in my apartment broke down and the landlord says I have to pay to get it fixed. Exactly what am I responsible for and what is the landlord responsible for?


A. You and your landlord share many responsibilities. Maintenance of the premises is a good example. Your landlord must provide a healthy, properly maintained place for you to live, and you are required to keep the premises in good condition. Florida Statute, Chapter 83, The Landlord Tenant Law, provides some specific requirements that both parties must adhere to.

The landlord's responsibilities depend upon the type of rental unit. If the unit is a single-family house, duplex, triplex or mobile home, he must:

• Comply with building, housing and health codes
• Keep the roof, windows, screens, floors, outside walls and other structural components in good repair
• Keep the plumbing in reasonable working condition

If the unit is a triplex or other type unit, unless otherwise agreed upon in writing, he must:

• Provide for the extermination of rats, bugs and wood destroying organisms
• Provide locks and keys
• Provide a functioning heating device
• Provide running water and hot water
• Remove garbage from the premises
• Provide a smoke detection device

This does not mean the landlord is obligated to pay for utilities, water, fuel or garbage removal, although he may choose to. Other provisions may also be altered by the written lease agreement.

You are responsible for:

• Complying with housing and health codes
• Keeping the dwelling clean
• Removing garbage from the dwelling
• Keeping the plumbing repaired
• Not defacing or damaging the premises
• Occupying the dwelling without disturbing the peace
• Not abusing the electrical, plumbing, heating, air conditioning or other systems furnished by the landlord.

The City of Jacksonville also has an ordinance dealing with the responsibilities of both parties. City Ordinance 906.323 covers the Maintenance of facilities and equipment. "Every plumbing fixture and pipe, every chimney, flue and smoke pipe and every other facility, piece of equipment or utility which is present in a dwelling or dwelling unit, or which is required by Ordinance Code 906, shall be constructed, installed and maintained in conformity with the appropriate laws and regulations of the City and the State."

You may be able to withhold the rent if the landlord fails to do what the law or the lease requires. You must, however, announce your intention by certified mail at least seven days before the rent is due to allow time to remedy the problem. If the problem is not corrected within the seven days and you withhold the rent, the landlord may take you to court to collect it. You would have to pay the rent into the court registry, pending the judge's determination of the case.

Q. My Landlord is threatening to evict me for not paying rent. But he refuses to repair several holes in the ceiling. What can I do?



A. First, only a judge can evict a tenant. Under Florida Statute, Chapter 83, The Landlord and Tenant Law, the landlord must maintain the property in a livable condition. If a landlord refuses to make repairs, the tenant has the right to withhold a certain portion of the rent until the repairs are made. In order to do this, the tenant must be current on rent payments. The tenant should send a certified letter to the landlord, detailing the exact nature of the needed repairs. Give the landlord 7 days in which to respond to the letter and make repairs or you will withhold a portion of the rent. There is no chart to determine what the value of a repair is. That is up to the tenant. But you CAN NOT withhold all the rent. You must pay something. After the landlord makes the repairs, you must then pay the remaining amount.

Q. Can a landlord raise the rent to whatever he wants?


A. Yes. There are no specific rent controls in Florida. However, the Landlord can not raise the rent in the middle of a lease. He can only increase the rent at the beginning of a new lease.

Q. Does a landlord have to return my security deposit?



A. Yes. The Landlord and Tenant Law requires the landlord to return your deposit if there are no damage claims within 15 days of termination of your rental agreement. However, the landlord can claim damages against your deposit. But again, he must notify you within 15 days, that he is keeping all or a portion and must explain in writing the reasons. Should you dispute any of his damage claims, you'll have to mediate a solution with him. If mediation doesn't resolve your dispute, you'll have to take the landlord to small claims court.

RETAIL RETURN POLICIES

Q. I bought some merchandise at a local store and then later tried to return it. They refused to give me my money back. What rights do I have?


A. Every retail sales establishment offering goods for sale that does not offer cash refunds, credit refunds, or exchange of merchandise must post a sign stating so at the point of sale. If no such sign is posted, it is assumed that the store DOES have a return policy of some type and must be presented in writing if the consumer demands to see it. Now this law does NOT apply to the sale of food, perishable goods, goods which are custom made, goods which are custom altered at the request of the customer, or goods which can not be resold by the merchant because of any law, rule or regulation of a government agency.

TELEMARKETING

Q. How can someone use my credit card without permission?


A. Once you give a telemarketer your credit card number and expiration date, they do not need you to sign any type of document authorizing the charge. They can call the charge in over the phones and get approval from your bank. In many cases if you give your credit card number to a telemarketer, the bank assumes you desire to make this charge.

Q. How can you tell if you are being taken?


A. The first sign of being taken by a promotion is when they ask you for money in order to received those items that you have won and they want that money now, overnight express. Another good sign is they will not send you any documentation about your prize unless you pay the money first.

Q. How can I get my name off a mailing list?


A. Basically there are two ways. One is to contact the Direct Marketing Association and ask that your name be removed from the mailing list. This will work if the company that has your name is a member of the Direct Marketing Association. Another solution is to draft a letter to each company that has contacted you and request that your name be removed from their mailing list. This will take a while before you see the results. As of December 31, 1995 a new Telemarketing Sales Rule was passed which gives guidelines for the telemarketer must follow. If these guidelines are not followed, state law enforcement officers now have the power to prosecute fraudulent telemarketers who operate across state lines.

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