WEST PALM BEACH, Fla. — Tired of unwanted phone calls from people trying to sell you something?
Getting your residential and mobile phone numbers on Florida's "Do Not Call" list will help, said Terry McElroy, spokesman for the Florida Department of Agriculture and Consumer Services. Business numbers may not be included on the list.
Close to 100,000 Floridians are registered on the state's "Do Not Call" list. Started in 1991, the program was the first of its kind in the nation. The national registry was launched in 2003.
"We find anecdotally from what we hear from consumers, 95 percent of the unsolicited phone calls you get, particularly in the evening, no longer come in. The phone just doesn't ring," McElroy said. "It really does work."
It costs $10 to sign up for the state's list the first year, and $5 a year after that, but McElroy said the program is well worth it, despite the fact that being on the national "Do Not Call" list is free. The fees pay the program's expenses and enforce the law.
When a Floridian complains about a violation, the state notifies the company. Typically, the company's representative has called someone on the "Do Not Call" list, or called someone using a pre-recorded sales call. Recorded or "robo" calls are illegal, even if they are to numbers not on the "Do Not Call" list. Once the call is answered, a person, rather than a recording, must do the talking.
It's also a violation of Florida law if the solicitor fails to give his true first and last names and the name of the business on whose behalf he is soliciting.
"Once we have three or four complaints, we send it to our general counsel's office. They investigate and look at the record. We will take legal action," McElroy said. The civil penalty is $10,000 per violation.
In contrast, the federal program does not respond to individual complaints, but instead looks for patterns of continued violations, McElroy said.
"By joining the Florida program, you get individual service. We will go after these companies and go after them quickly. The net result is, very few companies seem to be calling people these days," McElroy said.
From January 2007 through September this year, the state received 10,632 complaints related to "Do Not Call" violations. In the past 10 years more than 100 companies have been fined a total of $1.7 million.
Some unsolicited sales calls are exempt from the Florida's "Do Not Call" law. Solicitors may make calls under the following conditions:
— When a prior or existing business relationship exists.
— In response to an express request of the person called.
— From a newspaper publisher.
— In connection with an existing debt or contract.
— A real estate agent responds to a yard sign or other advertisement as long as the agent has a client interested in the property.
Also excluded are calls from people who are not selling a product or service, such as charitable or political groups seeking donations, research or survey companies seeking an opinion, and collection agencies trying to locate a debtor or collect a debt.
To sign up for the Florida program, call (800) 435-7352 or go to www.800helpfla.com.
To register for the National Do Not Call Registry call (888) 382-1222 or go to www.donotcall.gov.
Susan Salisbury writes for The Palm Beach Post. E-mail: susan(underscore)salisbury(at)pbpost.com.