Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: HEALTHY HOME OF ALLERGY AND INDOOR AIR POLLUTION PRODUCTS, INC.
Judges: HETAL DESAI
Agency: Department of Agriculture and Consumer Services
Locations: Tampa, Florida
Filed: Aug. 21, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 3, 2019.
Latest Update: Nov. 19, 2024
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES, Case No. 1905-20454
Agency Clerk No. B18787
Petitioner,
v.
HEALTHY HOME OF ALLERGY
& INDOOR AIR POLLUTION PRODUCTS, INC.,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, the Department of Agriculture and Consumer Services, Division of Consumer
Services, pursuant to Section 501.059, Florida Statutes, states that it is the regulatory authority as
defined therein, that it has statutory jurisdiction over the Respondent and this matter, and alleges:
As set forth below, Petitioner has received information that justifies action provided for in
Section 501.059, Florida Statutes.
The Petitioner conducted an investigation which included issuing an Investigative
Subpoena Request to a service provider to identify a telephone number that was appearing in
consumer complaints. The service provider’s results indicated the telephone numbers belong to
Healthy Home, Inc. located at 4221 East Busch Boulevard, Tampa, Florida 33617. Asa result of
the investigation, it has been determined that Do Not Call violations occurred as defined by Section
501.059, Florida Statutes. Specifically, based on six (6) consumer complaints filed between July
16, 2018 and May 20, 2019; the facts that support the allegation are as follows:
Section 501.059(2), Florida Statutes, 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. (6 counts; calls 1, 2, 3, 4, 5, 6 on the Do Not Call Complaint
Matrix attached and hereby incorporated by reference.)
Section 501.059(4), Florida Statutes, no telephone solicitor shall make or cause to be made
any unsolicited telephonic 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. Any telephone solicitor or person who offers for sale any consumer
information which includes residential, mobile, or telephonic paging device telephone numbers
shall screen and exclude those numbers which appear on the division’s then-current “Do Not Call”
list. (6 counts; calls 1, 2, 3, 4, 5, 6 on the Do Not Call Complaint Matrix attached and hereby
incorporated by reference.)
Section 501.059(8)(a), Florida Statutes, 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. (4 counts; calls 1, 3, 4, 5 on the Do Not Call Complaint Matrix attached and
hereby incorporated by reference.)
Wherefore, Petitioner intends to take action pursuant to Section 501.059, Florida Statutes,
including, but not limited to an administrative fine up to $10,000 pee violation.
ft
Dated this /? day of June, 2019.
Chief of Mediation and Enforcement
UPS Receipt 129648784294 179718
Transaction Date: 17 Jun 2019 — Keep Record
ADDRESS INFORMATION
SHIP TO
SHIPPER ORIGIN
Heat ty" Howe oF ALLINGV's SLEASEIH WILSON TALLAHASSEE FL 82300
318-990-7701 a ) 410-270)
ek ee BLYD TALLAWASBEE i Seeuy
SHIPMENT DETAILS Shipping Charges in USD
peculte, UPS Qi
juarante\ End ot De
fascuee Shaw i Nouty: pre oO aye Tues. 18 Jun. 2019
Total Wi ele 1 TBs
Billable Weight: LBS Shippl
ng: 9.68
PACKAGE DETAILS Pend
Pkg Tracking Number Length Height Width Welght
1 128640784294179718 1 LBS
Sign. Required: 5.00
“PAYMENT METHOD
Bill Shipping Charges to: Shipper 364678
Total Charges: 14.68
Docket for Case No: 19-004485
Issue Date |
Proceedings |
Sep. 03, 2019 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Aug. 30, 2019 |
Joint Motion to Relinquish Jurisdiction and Close File filed.
|
Aug. 29, 2019 |
Petitioner Response to Initial Order filed.
|
Aug. 22, 2019 |
First Request for Production of Documents to Respondent, Healthy Home of Allergy and Indoor Air Polution Products, Inc. filed.
|
Aug. 22, 2019 |
Notice of Filing (First Set of Interrogatories) filed.
|
Aug. 22, 2019 |
Petitioner's First Request for Admissions to Respondent Healthy Home of Allergy and Indoor Air Pollution Products, Inc. filed.
|
Aug. 22, 2019 |
Initial Order.
|
Aug. 21, 2019 |
Administrative Complaint filed.
|
Aug. 21, 2019 |
Election of Rights filed.
|
Aug. 21, 2019 |
Agency referral filed.
|