Attorney General Pam Bondi, the Federal Trade Commission and nine other state attorneys general today announced the entry of the last consent judgment shutting down an illegal robocalling scheme used to sell Florida cruise line vacations. The unlawful telemarketing campaign flooded consumers from across the country with billions of unwanted robocalls, averaging 12 to 15 million illegal calls a day, and generated millions of dollars for the companies. The fifth and final consent judgment announced today bars owner Fred Accuardi and his companies from assisting or participating in actions that violate telemarketing laws.
In 2015, Attorney General Bondi, in partnership with the FTC and other state attorneys general, filed a lawsuit against Caribbean Cruise Line, Inc., a marketing company, as well as seven other companies, for alleged involvement in a scheme that used political survey robocalls to illegally sell cruise vacations. The joint complaint was filed in the United States District Court for the Southern District of Florida.
The complaint alleged that the defendants’ robocalls violated both Florida and federal law by unlawfully using political surveys as a pretext to place sales calls pitching Bahamas cruises and related vacation packages to individuals on do-not-call lists and other individuals they were prohibited from calling.
Accuardi and his companies allegedly assisted and facilitated the illegal calls by providing robocallers with hundreds of telephone numbers. The defendants also allegedly made it possible for robocallers to change their caller identification information, funded a portion of the robocalling campaigns, and hid the robocallers’ identities from authorities.
In addition to barring Accuardi and his businesses from illegal telemarketing, the consent judgment announced today imposes a judgment of $1.35 million, which will be suspended after the defendants pay $2,500. If the court finds that the defendants misrepresented their financial condition, the entire judgment will become due.
Florida and the FTC led the joint action and were joined by attorneys general in nine other states: Colorado, Indiana, Kansas, Mississippi, Missouri, North Carolina, Ohio, Tennessee and Washington.
This is just the latest action taken by Attorney General Bondi in partnership with the FTC to clamp down on illegal operations in Florida.
To view the consent judgment, click here.
To view the order approving the consent judgment, click here.
For more information about the actions, click here.
Consumers who receive robocall solicitations can report the calls to the Florida Attorney General’s Office by calling (866) 9-NO-SCAM or file a complaint by visiting MyFloridaLegal.com.
Featured
Gov. Rick Scott Statement on House Appropriations Committee Vote
If you are writing on the House Appropriations Committee’s job killing vote to pass HB 7005, please use the following statement from Governor Rick Scott:
“Today’s vote by politicians in the Florida House is a job killer. I know some politicians who have voted for this job killing bill say they don’t necessarily want to abolish these programs but instead want to advance a ‘conversation.’ This is completely hypocritical and the kind of games I came to Tallahassee to change. Perhaps if these politicians would listen to their constituents, instead of playing politics, they would understand how hurtful this legislation will be to Florida families.” – Governor Rick Scott
Commissioner Charlie Justice Elected Chairman of the Tampa Bay Estuary Program
Pinellas County Commissioner Charlie Justice was unanimously elected Chairman of the Tampa Bay Estuary Program at a meeting last Friday, February 17th held at the Tampa Bay Regional Planning Council.
“I am honored to serve as the Chair of this board. We have great members who are committed to continuing the improvements made in the quality of Tampa Bay,” said Charlie Justice.
The Tampa Bay Estuary Program set a goal of a return of at least 38,000 acres of seagrass in the bay. Strategies agreed to by the partner governments led to the current level of over 41,000 acres. This is the highest level of seagrass since 1950.
The Tampa Bay National Estuary Program (TBNEP) was established in 1991 as a partnership of Hillsborough, Manatee and Pinellas counties; the cities of Tampa, St. Petersburg and Clearwater; the Southwest Florida Water Management District; the Florida Department of Environmental Protection; and the U.S. Environmental Protection Agency. Pasco County became a member this past year.
In 1998, these and six other partners signed a formal Interlocal Agreement, and ancillary agreements, pledging to achieve the goals of the newly completed Comprehensive Conservation and Management Plan (CCMP) for Tampa Bay, called Charting The Course. The Plan culminated nearly six years of scientific research into the Bay’s most pressing problems, and reflected broad-based input from citizens, groups and communities with a common interest in a healthy bay as the cornerstone of a prosperous economy.
Libertarian Party of Florida Opposes Kratom Ban
The Libertarian Party of Florida vehemently opposes HB 183 & SB 424, which would ban Kratom in Florida.
Kratom is a plant-based substance commonly taken recreationally or medicinally as a pain killer and to alleviate the symptoms of opiate addiction. Kratom is one of the only known substances to be able to work in the brain similarly to opiates without the extreme negative effects and risks of actual opiates. According to the Florida Department of Health, “no pervasive health issues have been attributed to the ingestion of Kratom products in Florida.” Kratom has enjoyed a surge of use in the United States and is becoming increasingly popular as people ingest it as an alternative to alcohol, opiates, and pharmaceutical drugs, as it comes with far lesser side effects and a long history of safe human consumption.
“This is a move by the state to protect the big pharma monopoly at the cost of all Floridians,” said Chairman Braden.
The choice to consume drugs and other substances comes with its own inherent risks. The Libertarian Party of Florida holds that it is up to the individual to make a calculated decision when choosing what to put into one’s own body. We believe that it is ultimately up to the individual to take responsibility for their own actions and it is not the job of government to interfere with the lifestyle decisions of individuals. Neither is government intervention an effective means in protecting the individual from drugs or decisions that may be harmful. The Libertarian Party stands for the protection of the rights of consenting adults to participate in activities that may be harmful to the self as long as those activities do not violate the rights of others. A Kratom ban in Florida will only result in a black market for the substance while turning otherwise law abiding users into criminals and denying them possible medical relief.
The Libertarian Party of Florida is opposed to all vice laws, including the ability for consenting adults to purchase, manufacture, and consume drugs of their choice. Government prohibition always results in a violent black market that lacks quality control and legal protection for the consumer. We believe that by ending the war on drugs and treating drug addiction as a medical, rather than a criminal condition, it will lower the rate of drug abuse across society and increase the viability of treatment. An end to drug prohibition is cheaper for the tax payer and is compassionate to the addict and abuser. At the same time, ending drug prohibitions allows individuals who suffer from ailments that diminish their quality of life to take drugs that may alleviate their symptoms without worry of criminal penalties that are often more dangerous. As such, the proposed Kratom ban is diametrically opposed to our platform. While we do not condone the use of Kratom or other substances, we oppose the government’s restriction on adults who wish to use them.
Snowbird Claims $500,000 LUCKY MONEY Jackpot
Richard Moore poses with his wife and oversized check
after claiming a $500,000 LUCKY MONEY jackpot.
The Florida Lottery announces that Richard Moore, of Fredericksburg, Virginia, claimed the $500,000 LUCKY MONEY™ jackpot from the February 17, 2017, drawing at Florida Lottery Headquarters in Tallahassee.
Moore chose to receive his winnings as a one-time, lump-sum payment of $364,656.80. He purchased his winning LUCKY MONEY Quick Pick ticket from Publix, located at 345 Jacaranda Boulevard in Venice.
Total ticket sales for this LUCKY MONEY jackpot generated more than $258,000 for the Educational Enhancement Trust Fund.
The next LUCKY MONEY drawing will be tonight, Tuesday, February 21, 2017, at 11:15 p.m. ET, with a $500,000 jackpot. The LUCKY MONEY drawings are broadcast on 17 carrier stations throughout the state. Winning numbers are available on the Lottery website, at retailers statewide and by phone at (850) 921-PLAY.
House Transportation & Infrastructure Subcommittee to Hold High Speed Rail Workshop Wednesday, February 22
MEDIA ADVISORY
MARTIN COUNTY AND INDIAN RIVER OFFICALS TO PARTICPATE IN HOUSE TRANSPORTATION & INFRASTRUCTURE SUBCOMMITTEE WORKSHOP ON HIGH SPEED RAIL
The Florida House Transportation & Infrastructure Subcommittee will be hosting a workshop on Wednesday, February 22 at 1:15 p.m. to discuss high speed rail in Florida. The panel discussion will include representatives from Martin and Indian River Counties.
Also attending the committee meeting will be Brent Hanlon, Chairman of Citizens Against Rail Expansion in FL. Hanlon will be available to media immediately following the conclusion of the committee.
Who: Kate Pingolt Cotner, Assistant County Attorney, Indian River County
George Gavalla, rail safety consultant for Martin and Indian River Counties
Daniel Wouters, Martin County Division Chief, Emergency Management
Brent Hanlon, Chairman CARE FL
What: House Transportation & Infrastructure Subcommittee
When: Wednesday, February 22, 2017 1:15 p.m.
Where: Room 116
The Knott Building
Senate Committee Votes to Protect Florida’s Reemployment Program From Criminal Fraud
The Senate Commerce and Tourism committee today unanimously approved SB 372, which strengthens the Florida Department of Economic Opportunity’s efforts to fight fraud in the state’s Reemployment Assistance program. The legislation provides DEO access to the Florida Department of Highway Safety and Motor Vehicles’ DAVID System, which includes the state photo identification database.
Cissy Proctor, Executive Director of the Department of Economic Opportunity, said, “This critical bill will help DEO stop criminals from stealing Reemployment Assistance from individuals who need it most. Access to driver’s license photos will allow DEO staff to quickly identify false IDs presented by criminals and prevent them from stealing Reemployment Assistance from Floridians who need it most.
“We appreciate Chairman Montford’s leadership today and the commitment of the bill sponsors, Representative La Rosa and Senator Stargel, for their support of this important legislation that protects taxpayer dollars.”
The legislation includes the tools and legal authorizations that are critical to prevent and fight public benefits fraud by providing DEO access to the driver’s license database to confirm claimant-provided IDs are not fraudulent.
Senator Linda Stewart Files Bill to Extend Relief to Florida Property Owners
State Senator Linda Stewart (D-Orlando) on Wednesday filed legislation to ensure that property owners continue to be a priority after the drywall crisis that struck Florida’s real estate market in the mid-2000s.
“Too many Floridians have been subjected to financial loss because of the influx of tainted drywall entering our markets,” said Stewart. “When property values are lowered due to defective building materials, it is ordinary Floridians who must pay the price,” she went on to say.
Corrosive drywall lowers the value of properties and can have a heavy financial impact on property owners. In addition, imported and domestic drywall can contain high levels of toxins, such as sulfur, that have reportedly been responsible for causing respiratory problems, bloody noses, migraines, as well as failures of appliances and electronics.
A 2010 statute addressed these situations by providing relief in property taxes of affected properties, giving homeowners some breathing room to begin needed repairs. Senate Bill 948 extends the expiration date of the statute.
Currently set to expire July 1, 2017, SB 948 extends the provisions until 2025, adding eight more years to ensure that property owners statewide have the financial security to replace or repair drywalls in affected properties.
Senate Bill 950 is being introduced in the House by Representative Slosberg as House Bill 717.
“From 1999-2009 3,630,000 sheets of tainted corrosive drywall were delivered to Florida alone,” said Slosberg. “Since the market value of the property affected is substantially lowered, homeowners are being indirectly punished as they lose thousands of dollars. It is imperative that the State extend the time period and continue to offer relief to those affected.”
Sen. Jose Javier Rodriguez files series of pro-environment and pro-consumer energy bills
This week, Senator José Javier Rodríguez filed a series of energy-related bills aimed at protecting the environment and protecting consumers’ pocket books.
- SB 456, allowing property owners to generate and distribute solar energy to residents and tenants on their own property. The bill is supported by a broad range of groups including business groups, agricultural interests, and consumer advocates.
- SB 974, if passed, would create a mechanism to prevent utilities from passing on to customers the cost of remediating environmental damage the utility caused, offered in response to the water contamination issues at the Turkey Point nuclear power plant in Miami-Dade County.
- SB 976, if passed, would create a progressive rate schedule for utilities customers by requiring utilities to charge residential customers a 25% lower rate for the first 500 kWh consumed, benefitting low-income and fixed-income residents.
- SB 1100, if passed, would repeal advanced nuclear cost recovery in Florida, dubbed the “nuclear tax” since it allow utilities to charge for nuclear power plants that may never be built.
Senator Rodriguez said:
“Consumers in Florida continue to subsidize an outdated energy system in Florida that stifles innovation, shuts out competition and hurts our environment — the bills I have filed will address those issues while giving consumers a much-needed break.”
Attorney General Bondi Continues Efforts to Shut Down Tech Support Scams
Attorney General Pam Bondi filed a complaint against Fast Fix 123, LLC, Paul Cozzolino, Tyler Foss and Dennis Rinker for operating a tech support scam. According to the complaint, the scam exploited consumers’ fears about computer hackers, malware, viruses and other security threats, in order to convince consumers to purchase costly technical support services and software products.
“This scam was designed to trick consumers, some of them seniors, into believing their computers were severely compromised and scare them into buying unnecessary protection software,” said Attorney General Bondi. “With today’s action, we are seeking to shut down this tech support scam and acquire relief for the victims.”
The scam involved the use of deceptive internet pop-up windows disguised as legitimate operating system or web browser security warnings. In some cases, the pop-ups appeared to be messages from well-known software companies, such as Microsoft. These pop-ups suggested that consumers’ computers were at risk and instructed consumers to get immediate help by contacting a toll-free telephone number that connected consumers to sales agents at defendants’ inbound call center.
Building on the fear instilled by the pop-ups, these sales agents allegedly proceeded to lead callers through a carefully crafted, high-pressured sales script disguised as a computer diagnostic. These allegedly false diagnostics invariably led to the same conclusion, that the consumer’s computer needed immediate servicing. Sales agents then convinced consumers to purchase high-priced virus protection software for the devices.
The complaint alleges violation of Florida’s Deceptive and Unfair Trade Practices Act and seeks civil penalties, as well as preliminary injunctive relief and relief for consumers. Attorney General Bondi’s Office is also asking the defendants to be permanently enjoined from advertising, marketing, promoting, providing, rendering, selling, soliciting, engaging in or accepting payment for any tech support services.
To view the complaint, click here.
This action is the ninth action in the tech support industry taken by Attorney General Bondi’s Office since November 2014. Florida has filed more litigation in this field than any other state.
Anyone who suspects unfair or deceptive business practices can file a complaint with the Attorney General’s Office at MyFloridaLegal.com or call (866) 9-NO-SCAM.
