Protect Yourself

Movers & Moving Companies

As a fast-growing state, Florida offers a variety of reasons to move one's residence from one place to another. Unfortunately, some moving companies engage in unscrupulous practices that may result in high costs or poor service. To protect yourself from these companies, remember the following:

Obtain written estimates.

There are thousands of moving companies in Florida. Before moving, obtain at least three written estimates. Interstate moves are priced according to weight and distance. Local moves are usually based on hourly charges. The estimate is either binding (the mover guarantees the price) or non-binding (your final charge is unknown until after they weigh your shipment or after your property is loaded onto the truck). A binding estimate is more advantageous because there are no surprises at the end of the move. Get multiple written estimates. Not only will this allow you to compare prices across companies, but it will also help you determine how much the move should actually cost. Be wary of “low ball” estimates. If it appears too good to be true, it probably is a scam. Quality movers usually require a small “good faith” deposit when the contract is signed. However, beware of firms requiring a large up-front deposit or full payment beforehand.

Ask about insurance coverage.

Ask about the type and extent of liability coverage the mover carries. A mover without adequate coverage for the workers could put the consumer at risk. If the workers are injured, the worker could look to the consumer for coverage. Demand to see written proof of insurance coverage. Ask about extra insurance for your goods. You may need extra insurance to cover expensive items damaged during a move. Call your insurance agent to see if your homeowner's policy covers your move.

Be careful when packing.

If you do your own packing, do a complete job. Many complaints arise after consumers unpack and find damaged goods. If the mover is doing the packing, be sure you know how much the mover is going to charge for this service. Custom packing can be expensive.

Research the company.

Find out how long the mover has been in business and research its past successes and failures. Check with the Better Business Bureau at bbb.org to determine what kind of experience others have had with the company. The regulation of intrastate movers falls under the purview of the Florida Department of Agriculture and Consumer Services, Chapter 507, F.S.. To do business in Florida, movers must register with the DACS and must carry insurance for loss or damage to household goods. Consumers may contact the Department of Agriculture and Consumer Services at 1(800) HELP-FLA to ensure the company is licensed as well as to determine whether there are complaints against the company.

Check local ordinances.

Dade, Broward and Palm Beach Counties have local ordinances that govern local moves. Call the County Commission to get a copy of the ordinance.

File a complaint.

You may file a complaint against a mover or moving company with the Department of Agriculture and Consumer Services online at fdacs.gov/ or by phone at 1(800) HELP-FLA. Additionally, you should file a complaint with the Attorney General’s Office online at MyFloridaLegal.com or toll-free by phone at 1(866) 9NO-SCAM.

You may also file a complaint with the Florida Department of Agriculture and Consumer Services, which acts as the State's consumer complaint clearinghouse, at FloridaConsumerHelp.com.

Negative Option Marketing

The Federal Trade Commission broadly categorizes the term “Negative Option Marketing” by referring to a type of commercial transaction that requires a customer to explicitly reject an offer or cancel an agreement in order to end the reoccurring payment for a product or service. Essentially, it is the responsibility of the consumer, not the company, to end a contract or subscription service. Oftentimes, consumers may not even realize they have become part of a negative option plan.

Negative Option Plans often market free or discounted trial periods for a product or service. A consumer may be required to contact the company if they no longer wish to receive that product or service moving forward. Failure to do so, often results in large charges and additional products being shipped to their door.

How to Protect Yourself: While these plans may, at first, appear enticing because they offer reduced price or "free" merchandise, be certain you understand the overall cost. If you subscribe, be certain to keep a copy of the seller's promotional materials and the contract. This will become a quick reference if questions later arise. Be certain you understand the return deadline to the seller to "CANCEL" the selection. Otherwise, you may be bound to keep and pay for the item.

Services Contracts

If you are buying a car or major appliance, you may be offered a service contract. To many consumers, buying a service contract is like buying “peace of mind” from repair hassles. Some estimates state that approximately 40 percent of new car buyers, and many used car and major appliance buyers, purchase service contracts. Costs can range from $50 to thousands of dollars or more depending upon the item being purchased, the length of coverage and amount of coverage provided. Before you buy a service contract, consider the following:

What does the service contract offer?

A service contract, like a warranty, provides repair and/or maintenance for a specific period. While warranties are included in the price of the product, service contracts cost extra and are sold separately. Remember that the purchase of a service agreement is not required in order to purchase or obtain financing for a motor vehicle.

What is covered by the service contract?

The service contract may only cover certain parts of the product or specific repairs. Read the contract carefully; if it does not list something as specifically covered, assume it is not. Repairs resulting from misuse or failure to properly maintain the product are usually not covered. Also, there may be certain pre-notice requirements which you must adhere to have coverage under the service contract.

What does the service contract provide that the warranty does not?

Carefully compare the coverage of your warranty to the coverage offered by the service contract to decide if the service contract is worth the additional expense. New cars typically come with a manufacturer’s warranty, which usually offers coverage for at least three years or 36,000 miles. Depending upon the items covered in the warranty, a service contract might not provide additional benefits until after the warranty expires. Also consider the length of the service contract. If it is longer than the time period that you expect to own the car, then you may want to consider a shorter service contract or ask whether the service contract can be transferred when you sell the car.

Is the product likely to need repairs?

You may not benefit from a service contract if the product is unlikely to need servicing within the covered time period or if the estimated cost of repairs is minimal.

What other costs will you have?

Service contracts often have deductible amounts you are required to pay. Find out if the deductible is charged per visit or per repair. If it is per repair and you bring in your car to have three things fixed in one visit, you will have to pay a deductible for each repair. Some repair expenses may be limited or excluded. In addition, you may be required to pay cancellation or transfer fees if you sell the covered product or wish to end the contract.

Where can you get service?

If the service contract is offered through a local retailer or dealer, you may be limited to local service. If you move, or if you are traveling when your car breaks down, you may not be able to obtain service under the contract.

Who is responsible for the contract?

Consider whether the company is reputable, before you sign a contract. Investigate the company. Check with your local Better Business Bureau and the Florida Office of Insurance Regulation at (850) 413-3140 or online at floir.com to determine whether any complaints have been filed against the company.

Can you purchase a service contract later?

You may be able to decide if you need a service contract after you have owned the product for some time. Whenever applicable, consider waiting until your warranty period expires before you buy a service contract.

File a complaint.

If you believe that a company is not meeting its service contract obligations, you may wish to file a complaint with the Florida Office of Insurance Regulation at (850) 413-3140 or online at floir.com. You may also file a complaint with the Florida Attorney General’s Office online at www.myfloridalegal.com or by phone toll-free at 1(866) 9NO-SCAM.

You may also file a complaint with the Florida Department of Agriculture and Consumer Services, which acts as the State's consumer complaint clearinghouse, at FloridaConsumerHelp.com.

Telemarketing

Most telephone sales are placed by legitimate businesses offering legitimate products and services. However, telemarketing fraud is a billion-dollar business in the United States. The consumer must always be on the alert when asked to send money to unfamiliar companies. Fraudulent telemarketers are skilled liars and adept at sounding believable. Victims of telemarketing fraud seldom get their money back. Before responding to a phone solicitation, consider the following:

Don't be Pushed into a Hasty Decision

Fraudulent telemarketers use high-pressure sales tactics. They want to get you to buy their products and get your money before you can check them out or change your mind. Fraudulent telemarketers are trained not to accept "no" as an answer. Some telemarketers resort to insult and argument as a sales technique. Don't be intimidated by the phrase "you're going to be sorry if you do not act now."

Beware of These Common Telemarketing Schemes:

• Free "Prize Offers" are never free.

The consumer usually has to do something for the "Free Prize." For example, the consumer is required to pay an advanced fee, buy another product, pay a tax, or attend a sales presentation. The prizes are generally worthless or overpriced.

• "Free" or "low-cost" vacations usually cost the consumer much more than originally presented.

There are hidden costs and often the trips don't materialize. Telemarketers target timeshare unit owners by misrepresenting that investors are ready, willing and able to purchase consumer's units for large sums of money, the catch: send in an advance fee

Don't Provide Financial Information Over the Phone to Unfamiliar Companies

The only time you should provide credit card or bank account information is if you have decided to make a purchase, after researching the company. Be careful if the company wants to send a courier to pick up your money. What is the big hurry? If you have paid by credit card and have not received the product, immediately notify your credit card company in writing.

Research the Company

Legitimate businesses understand when you want written information about their offers or companies. Always request written material about any offer, investment and charity. If you get brochures about investments, ask someone who is knowledgeable about investments to review the documents. Find out how long the company has been in business. Call your Better Business Bureau and government agencies (example: the Florida Department of Agriculture and Consumer Services, at (800) 435-7352, the Office of the Attorney General and the Federal Trade Commission) to learn whether any complaints or lawsuits are pending.

Unordered Merchandise

You may occasionally receive a product or sample through the mail, despite having never ordered that merchandise. Should you receive something you did not order, consider the following:

What are your rights and obligations?

You have a legal right to consider it a gift if a seller sends you any merchandise you did not order. You are not required to return it and may keep it if you wish.

You have no obligation to notify the seller that you will keep the merchandise but sending a letter stating your intention to keep the shipment as a gift is an advisable precaution, which will help you establish later, if necessary, that you did not order the merchandise. You may wish to send the letter by certified mail and keep the return receipt and a copy of the letter. If you ever receive a bill or a letter saying you owe money for unordered merchandise, you can use the same approach, stating in your letter to the company that you never ordered the merchandise and therefore have a legal right to keep it for free.

If you believe that the unordered merchandise is the result of an honest shipping error, contact the seller and offer to return the merchandise provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time, perhaps 30 days, in which to pick up the merchandise or arrange to have it returned at no expense to you. Inform the seller that after the specified period of time, you reserve the right to keep the merchandise or to dispose of it as you wish.

Companies may send merchandise to you that you have not ordered if the merchandise is a free sample and marked as such.

Address labels, decorative stamps and other merchandise mailed by charitable organizations asking for contributions may also legally be sent to you without your prior order. In either case, you may keep such shipments as free gifts.

Be wary of signing up to receive “free” merchandise.

Be especially cautious when you are participating in sweepstakes or ordering goods advertised as "free," or "trial" or at an unusually low price.

Read the fine print to determine if you will be required to make purchases in the future, or to notify the shipper that you do not wish to purchase the merchandise or continue with the "trial" arrangement. Keep a record of each product you agree to receive on a "free" or "trial" basis, and what your obligations are by doing so.

If you are having difficulty dealing with unordered merchandise problems, attempt to resolve the problem with the company. Document the interactions you have with the company, as you may find these records helpful later. If you are unsuccessful, you may contact your local U.S. Postal Inspector by using their locator service online at USPS.com/. You may be able to adjust the unsolicited mail you receive by registering with Direct Marketing Association Choice program at DMAchoice.org.

File a complaint.

If you are unable to resolve a complaint with the company, you may file a complaint with the Attorney General’s Office online at MyFloridaLegal.com or by phone toll-free at 1(866) 9NO-SCAM. Additionally, you may wish to file a complaint with the Better Business Bureau online at bbb.org as well as the U.S. Postal Inspector online at USPS.com/

You may also file a complaint with the Florida Department of Agriculture and Consumer Services, which acts as the State's consumer complaint clearinghouse, at FloridaConsumerHelp.com.

Water Treatment Devices

Fears about the purity of our water have increased dramatically in recent years, leading consumers to worry about the safety of their drinking water. News reports of leaking landfills, corroding lead pipes and deterioration of gasoline storage tanks have painted a gloomy picture of toxic wastes, pesticides and other chemicals seeping into both well and municipal water supplies. Although some contaminants have been found in some water supplies, most households using water from public sources should have few concerns. Predictably, some unscrupulous salespeople prey upon concerned consumers by using scare tactics and fraudulent practices to sell their water treatment devices.

Avoid “free” home water tests.

Fraudulent sellers that advertise “free home water testing” may only be interested in selling you their water treatment device, whether you need it, or not. In performing the test, the salesperson may add tablets or droplets of chemicals to your tap water, explaining that the water will change color or that particles will form if the water is contaminated. When the water changes color before your eyes, the salesperson may warn you that the water is polluted and may cause cancer. In almost all of these cases, any water (even spring water) would “fail” the company's test.

Don't be pressured by prize promotion offers.

Sellers will sometimes try to advertise their water treatment devices by notifying you by mail, email or telephone that you have been selected to win an expensive prize. To qualify for the prize, you are required to buy a water treatment device, costing hundreds of dollars. You may later discover that both the prize and the water treatment device are of little value.

Be wary of claims of government approval.

Sellers will sometimes claim that certain governmental agencies require or recommend that households use water purification systems, or that the government has approved the seller’s particular method of in-home water testing. These claims are false. If you see an EPA registration number on a water-treatment product label, it means only that the manufacturer has registered its product with the Environmental Protection Agency, but not that the EPA has tested or approved the product.

Determine the quality of your water independently.

Ask your municipal water superintendent for the latest test results of your public water supply and then compare them to state and federal standards available from Florida's Department of Environmental Protection or the Federal EPA. If you use well water, ask your local health department if it offers free water testing.

You may additionally have your water tested by a state-certified private laboratory. A list of state-certified laboratories is available by calling the Florida Department of Health at (850) 245-4444. Tests for bacteria usually range from $15 to $45, while tests for chemical contamination can cost significantly more. Decide what you need.

Get information from the United States Environmental Protection Agency.

To obtain information about the EPA’s drinking water regulations and general information about drinking water, you may contact the EPA’s Safe Drinking Water Hotline at 1(800) 426-4791 or EPA.gov/your-drinking-water.

If you have established that your water contains contaminants, the next step is to determine what type of system you need to treat the water. A wide variety of water treatment devices are available, which range from relatively simple, low-cost filter devices for faucets, to sophisticated and expensive systems that treat water from its point of entry into your home. No water treatment device can solve every problem. Some systems only soften water by removing calcium and magnesium, while others eliminate virtually all minerals and foreign matter present in the water. Ask your testing firm or your local government officials what type of water treatment or purification system will best suit your needs.

Check for consumer complaints.

When considering a water treatment device, see if there are any prior complaints or lawsuits pending against a company or product, by checking with the local Better Business Bureau (bbb.org) and governmental agencies like the Office of the Attorney General, the Federal Trade Commission and the Food and Drug Administration.

File a complaint.

If you have been defrauded by a person or firm selling water treatment devices, file a complaint with the Florida Attorney General’s Office online at MyFloridaLegal.com or by phone toll-free at 1(866) 9NO-SCAM.

You may also file a complaint with the Florida Department of Agriculture and Consumer Services, which acts as the State's consumer complaint clearinghouse, at FloridaConsumerHelp.com.