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Hillsborough County Consumer Protection Agency 8900 N. Armenia Avenue, Suite #226 Tampa, FL 33604 (813) 903-3430 www.hillsboroughcounty.org/consumerprotection. Who Are We?. The Hillsborough County Consumer Protection Agency was established in 1994.
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Hillsborough County Consumer Protection Agency 8900 N. Armenia Avenue, Suite #226 Tampa, FL 33604 (813) 903-3430 www.hillsboroughcounty.org/consumerprotection
Who Are We? • The Hillsborough County Consumer Protection Agency was established in 1994. • In 2000, a reorganization plan was approved to rebuild the agency and increase its size.
New Ordinance • In 2006, Commissioners approved a new Consumer Protection Ordinance giving the agency additional enforcement tools.
Florida CPA’s • Pinellas County Office of Consumer Protection • Clearwater, FL • Broward County Consumer Affairs Division • Fort Lauderdale, FL • Miami-Dade County Consumer Services Department • Miami, FL • Pasco County Consumer Affairs Division • New Port Richey, FL • Orange County Consumer Fraud Unit • Orlando, FL • Palm Beach County Division of Consumer Affairs • West Palm Beach, FL
Mission • To enforce consumer protection laws • To protect and educate Hillsborough County Consumers, in the marketplace and business community, against economic losses resulting from • Unfair • deceptive or • illegal business practices.
Who Do We Serve? • All residents and visitors of Hillsborough County. • Anyone who may have experienced a problem with a company or business in Hillsborough County • Jurisdiction
Advise, Information & Assistance • Clearinghouse of information for consumers. • Consumers can call us or visit our website at: www.hillsboroughcounty.org/consumerprotection
Complaints • CPA intakes approximately 100 formal and many informal complaints per month. • The topics and issues of these complaints vary greatly in terms of severity and complexity.
Frequent Complaints • Failure to perform • Quality of workmanship • Lease agreements & security deposits • Landlord/tenant issues involving the health, safety and condition of the property should be referred to the County’s Housing & Community Code Enforcement department. • Billing & credit disputes • Warrantees • Criminal theft & fraud • Unlicensed activity • Advertising
Investigations • Consumers are asked to submit their complaint in writing • Provide supporting documentation • Include a timeline of events and steps taken to resolve the complaint. • Complaints are evaluated by the Chief Investigator to determine if there is reasonable grounds to open an inquiry.
Investigations • Investigator assigned the complaint begins a background investigation. • Investigator will make contact with consumer within 5 days of receipt of complaint. • Investigator makes initial contact with the business by sending a letter notifying them of the compliant and requesting a response within 10 days.
Mediation • Mediation is handled through • Telephone contact • Certified letters • Field visits • Informal office meetings • Agency is committed to making consumer whole. • When appropriate, referrals are made to other agencies.
Criminal Investigations • Criminal conduct involving theft, fraud and some unlicensed activity may lead to arrest and criminal prosecution. • Criminal cases are referred to the appropriate prosecuting agency. • State Attorney’s Office • Statewide Prosecutor • U.S. Attorney General
Statistics • Last year, the agency recovered in excess of $1.6 Million on behalf of consumers. • Recovery includes: • Cash recovery • Cash savings • Service recovery
Citation Authority • Investigators are now able to directly issue citations that will be processed by the county court system. • Repeat violators and gross conduct can warrant a citation. • Violators can receive a financial penalty of up to $500, and a court appearance.
Outreach & Education • Goal is to educate the public on being a good consumer • Education is the first line of defense in protecting consumers from victimization.
Outreach & Education • Community Education Programs • Civic Groups & Organizations • Senior Groups & Organizations • Hispanic Groups & Organizations • High School Students
Outreach & Education • CPA participates in Community Health, Financial and Safety Fairs • Active Volunteer Program with 8 Senior volunteers who enhance our efforts.
Legal Advocacy • Twice a month (2nd and 4th Friday of each month) we schedule appointments to meet senior consumers in both the Sun City Center and Plant City areas. • The agency teams up with the HC State Attorney’s Office to provide assistance to seniors that want to speak with someone in person.
SCAMS, SCHEMES & SCOUNDRELS
ID Theft • Phishing • Vishing • Smishing • Synthetic ID Theft • Medical ID Theft
Synthetic ID Fraud Combine fake & real consumer information Or all false information to open an account SS#’s and/or names might be changed to create new identities True-Name ID Fraud Consumer’s real identifying information is used without modification The fraudster poses as the actual consumer Synthetic ID Fraud vs. True-Name ID Fraud
Synthetic ID Fraud • Mainly hurts creditors • Consumers end up paying for the fraud losses through fees and higher interest rates. • Creates subfiles at the credit bureaus. • Additional credit report information tied to a real consumer’s SS#, but someone else’s name. • The negative information gets entered under a subfile that is linked to, but doesn’t belong to you.
Medical ID Theft • Medical consequences • the medical information and records of the thief become intermingled with your records. • The financial consequences • unpaid bills • serious blemishes on credit reports • and harassing calls from collection agencies.
Victims of Medical ID Theft • As medical-record-keeping systems evolve toward electronically based interconnected systems, the potential for catastrophic errors is on the rise. • Victims find it difficult to get their health care and insurance records corrected. • Victims are many times forced to sue their health care providers.
How Does It Happen? • There is a huge black market for medical records. • Medical records sell for $50 each on the street verses Social Security numbers that go for $1 or $2. • Health care provider employees are many times paid by criminals or criminal organizations to obtain medical information in bulk.
How Does It Happen? • Stolen records are then sold to individuals without insurance who are in need of • elective surgeries • or other expensive treatments. • The World Privacy Forum estimates that as many as 250,000 to 500,000 consumers have been victims of medical ID theft as of mid-2006.
Prescription For Disaster • Less than half of the health care facilities encrypt their data before transmission. • This lack of data security is potentially disastrous • HIPPA protections are riddled with loopholes.
Protection Tips • View your medical records. • HIPPA requires health care providers to either supply you with the requested records within 30 days or ask for more time. • World Privacy Forum’s website www.worldprivacyforum.org • Contains several sample letters to use to request copies of your medical records. • Steps you can take to try to get your records corrected and amended. • Keep a medical journal
What does a security freeze mean? • Your file cannot be shared with potential creditors. • If your credit files are frozen, even someone who has your name and Social Security number probably would not be able to obtain credit in your name.
How do I place a freeze? • Write to each credit bureau. • Credit bureaus charge $10 to place or remove a security freeze, unless you are age 65 or older or a victim of ID Theft. • Victims will be expected to provide • A copy of the police report • Investigative report or complaint to a law enforcement agency
When will the freeze take effect? • 5 business days from receipt of your letter. • You will receive a confirmation letter in 10 days with a PIN or password. • Keep your PIN or password in a safe place.
Can I lift the freeze? • Yes. • There is no charge for seniors over 65 or victims. • Everyone else will be charged $10 for a temporary lift. • Credit bureaus must lift the freeze no later than 3 business days from receipt of your request.
Can I order my own credit report if it is frozen? • Yes. • Consumers can continue to receive their free annual credit reports. • There is only one Federal website, www.annualcreditreport.com • By phone call toll free at 1-877-322-8228. • Do not contact the credit bureaus directly.
Security Freeze • If a creditor requests your file, they will see a message or code indicating the file is frozen. • They will not be able to obtain your score. • You must freeze with all three credit bureaus. • The freeze will NOT lower your credit score.
Exceptions • Certain entities still have access • Existing creditors • Collection agencies • Offers of credit • Government agencies
Florida, A Mortgage Fraud“HOT SPOT” • Florida No. 1 for mortgage fraud in 2007 for 2nd straight year. • Predatory Lending or Mortgage Fraud has risen to epidemic proportions in the U.S. • Financial Institutions are sustaining multibillion-dollar losses. • Consumer’s homes, are on the line.
For-Profit Mortgage Fraud • Property Flipping • The property is bought, falsely appraised at a higher value and quickly sold, sometimes several times in rapid succession. • Eventually, the mortgage goes into default. • The profits disappear with the criminal. • Straw buyers • The identity of the borrower is concealed by using the name and credit history of a willing accomplice.
For-Profit Mortgage Fraud • Fake/Stolen Identity • Stolen identities - along with credit histories - are used on a loan application. • Inflated appraisals • An appraiser agrees to inflate the property of the house. • Equity skimming • An investor uses a straw buyer to get a mortgage. • Prior to closing, the straw buyer signs the property over to the investor, who in turn rents the property out without making any mortgage payments.