Consumer Fraud Unit Annual Report 2009 Presentation to the Board of County Commission May 12, 2009.

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Presentation transcript:

Consumer Fraud Unit Annual Report 2009 Presentation to the Board of County Commission May 12, 2009

Mission Organizational Chart Division Background Orange County Perspective Summary PRESENTATION OUTLINE

Mission Organizational Chart Division Background Orange County Perspective Summary PRESENTATION OUTLINE

Consumer Fraud Unit provides: Mediation of Consumer Complaints Criminal Investigation of Consumer Fraud Consumer Education MISSION STATEMENT

Mission Organizational Chart Division Background Orange County Perspective Summary PRESENTATION OUTLINE

ORGANIZATIONAL CHART Carlos Morales Consumer Investigator Supervisor Walter Krauss Consumer Investigator Melissa Allums Consumer Investigator Milagros Serrano Administrative Assistant Support Clerk

Mission Organizational Chart Division Background Orange County Perspective Summary PRESENTATION OUTLINE

Established in 1978 (County Ordinance 78-21) ‏ Assisted over 350,000 citizens Recovered Over $5M in Non-Litigated Restitution 1 out 10 States/County/City operated Consumer Protection Agencies in Florida Direct report to the Director of Public Safety & Operates under the Supervision of the State Attorney’s Office, 9th Judicial Circuit DIVISION BACKGROUND

AGENCY PARTNERSHIP

Florida Consumer Protection Agencies Hillsborough County Pinellas County Pasco County Duval County Palm Beach County Broward County Dade County Orange County Florida Dept. of Agriculture & Consumer Services Florida Attorney General Office

2008 DIVISION HIGHLIGHTS 11,326 Consumer Contacts 62 Special Investigations Collected over $500,000 in Non-Litigated Restitution The internet continues to generate high number of complaints Approximately 40% of complaints are from the Hispanic Community Participated in a Joint Unlicensed Contracting Sting and statewide sweep with the Florida Department of Business and Professional Regulation (DBPR)

Mission Organizational Chart Division Background Orange County Perspective Summary PRESENTATION OUTLINE

ORANGE COUNTY PERSPECTIVE 2008 Top Complaint Categories

ORANGE COUNTY PERSPECTIVE Complaint Categories Advance Fee Appliance Repairs Auto Repairs / Sales Car Rental Agencies Consumer Services Internet Franchise or Pyramid Schemes Health Studios Home Improvement / Repairs Landlord / Tenant – Mobile Homes Merchandise Sales Towing Companies Moving Companies Travel Services Work at Home Scams Investments Loans / Credit Cards ID Theft Real Estate Non- Regulated Private Schools

ORANGE COUNTY PERSPECTIVE Operational Procedures Received complaint in person, by mail, fax or Internet Send complaint to business (allow 3 to 4 weeks to respond) ‏ Based on response (or lack of) determine if issue is a civil or criminal matter

ORANGE COUNTY PERSPECTIVE Operational Procedures Civil Complaint Mediate Provide victim with letter to file in civil or small claims court Criminal Complaint Prepare case for prosecution with the State Attorney’s Office Regulatory Agency Refer complaint to appropriate regulatory agency

ORANGE COUNTY PERSPECTIVE Consumer Fraud Statutes 501 FS Unfair & Deceptive Trade Practices 817 FS Fraud Statutes 489 FS Contracting 825 FS Exploitation of Seniors 812 FS Theft 559 Part IX FS Motor Vehicle Repair FS Telemarketing FS Identity Theft FS Home Solicitations

ORANGE COUNTY PERSPECTIVE Construction Most common criminal complaint filed by office Largest amount of loss Office proved highly effective in the filing of construction cases Since January Cases received at State Attorney’s Office Files filed (76%) Internet /Auctions Most companies received from the IFCC (Internet Fraud Complaint Center) Most numerous complaint worked Average loss to consumer - $1,800 Difficult to investigate and prosecute

ORANGE COUNTY PERSPECTIVE Motor Vehicle Repairs Work closely with DOACS & HSMV to resolve complaints Office serves as clearinghouse for complaints filed Multiple complaints from minorities and seniors Advance Fees Misrepresentation is the most common reason for these type of crimes Multiple local, state and federal agencies are used to clear these cases Multiple types of scams used to prey on victims

ORANGE COUNTY PERSPECTIVE Towing Consumers can file complaints in reference to non-consent tows in unincorporated Orange County By ordinance, office will investigate and recommend code enforcement action or take additional action against tow operators as deem appropriate Identity Theft Office provides information and initial guidance to ID theft victims Most cases are referred to law enforcement agencies (LEA) for investigation Office has filed ID theft charges where unlicensed individual uses license number of licensed contractors

ORANGE COUNTY PERSPECTIVE Other Common Frauds Traveling Public Merchants Time Share Re-sales Sub-Prime Crisis Real Estate Scams Investment Scams Affinity Frauds Traditional Frauds Lottery/Checks/Employment

ORANGE COUNTY PERSPECTIVE ESF 18 (Business & Community) To provide timely information to the business community during times of major disasters Assist in the establishment of Business Recovery Centers Work in conjunction with Orange County Neighborhood Services that perform similar function to Residential Communities When possible, participate in community events to inform the community of ESF 18 functions

ORANGE COUNTY PERSPECTIVE 2008 Community Awareness Provided 85 Consumer Education presentations Over 10,000 citizens received consumer fraud information Continued participation with Orange County Senior programs and organizations Frequent presentations with local media

ORANGE COUNTY PERSPECTIVE Impact in County ,973 Foreclosures Filings ,131 Foreclosures Filings (651% Increase) Most foreclosures due to the Economy (Not Crime Related) Orange County Consumer Fraud Unit 21 Cases in Cases as of April 2009 Orange County Sheriff’s Office 280 Cases Last 2 years Average loss $150,000 Florida Attorney General’s Office 249 Cases in Past 2 years

ORANGE COUNTY PERSPECTIVE Enforcement Efforts Joint Agency Enforcement (AG) REIT (OCSO) Enforcement Areas Refinance Fraud “Fake” Government Loan Modification Programs Lease / Rent to Buy Schemes Bankruptcy Scams Debt Elimination Schemes Telemarketing Related Scams Employment Scams

Mission Organizational Chart Division Background Orange County Perspective Summary PRESENTATION OUTLINE

Orange County Consumer Fraud Unit Website: REFERENCE orangecountyfl.net

Consumer Fraud Unit Annual Report 2009 Presentation to the Board of County Commission May 12, 2009