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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs HEALTHY HOME OF ALLERGY AND INDOOR AIR POLLUTION PRODUCTS, INC., 19-004485 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-004485 Visitors: 34
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: Dec. 24, 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
Source:  Florida - Division of Administrative Hearings

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