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Florida Targets Autodialer Vendor

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Copy of the Florida Complaint is here (294K PDF file).

Press release from http://www.doacs.state.fl.us/press/07012002.html

Department Press Release
07-01-2002
Terence McElroy
850-488-3022


Bronson Targets Texas Company
In Unfair And Deceptive Action Lawsuit

TALLAHASSEE – Florida Agriculture and Consumer Services Commissioner Charles H. Bronson today took legal action against a Texas company for falsely claiming that a machine that plays recorded messages during telemarketing calls is legal in Florida and proceeding to sell its devices to numerous businesses and individuals in the state.

Charged with engaging in unfair and deceptive trade practices was PMC Computer Marketing Systems Inc., of Houston, Texas. It is accused of duping several Florida businesses and individuals into purchasing its hardware/software package known as ProLead 2000, a computer auto-dialer that plays recorded messages during telemarketing calls.

Under Florida law, telemarketers who call customers to sell them a product or service are expressly prohibited from playing recorded messages.

"Our laws are clear that consumers are to be spared the intrusion of taped telemarketing calls, and this case is in bold defiance of that principle," Bronson said. "Not only was this company marketing its product throughout Florida, but it was guaranteeing its customers that its device was perfectly legal to use in this state."

The lawsuit, filed in Leon Circuit Court, seeks an injunction prohibiting the company from selling its product in Florida, civil penalties of up to $10,000 for each violation that Bronson's office can prove and restitution to all businesses and individuals found to have purchased the company's automated system.

Bronson's Consumer Services Division said that the company has sold at least 10 such systems for prices ranging from $15,000 to $25,000 apiece. The department has subpoenaed the company's business records to determine whether additional systems were sold to Floridians by PMC, but the company has failed to respond to the subpoena.


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