Consumer Tips for Natural Disasters

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Consumer Tips for Natural Disasters

Price Gouging

Under Sections 501.160 and 501.205 Florida Statutes, it is illegal to charge unconscionable prices for goods or services following a declared state of emergency. Individuals or businesses found guilty of price gouging could face fines up to $1,000 per violation, or up to a maximum of $25,000 per day. In addition, once the Governor issues an Executive Order, Orange County will issue a Price Gouging Declaration to further enhance protection to Orange County Citizens.

Report price gouging by calling the Florida Department of Agriculture and Consumer Services at 1-800-HELP-FLA (435-7352) or request a Price Gouging Complaint Form be mailed to you.

Home Repair

Know your contractor. Frequent problems after a disaster are "fly-by-night" contractors who take deposits before starting work or final payments before finishing. Ask for a list of recent customers and call them for references. Avoid being "pressured" to enter into an agreement without first checking out the background of the contractor.

Get at least three estimates. Be certain the estimates are itemized and for the same work. Variations in the proposals should be noted.

Beware of repair businesses or individuals who solicit door-to-door, arrive in unmarked vehicles, have a post office box or temporary address, claim they are from another county or state and are in the area solely to help disaster victims, or offer to work for you only if you secure the necessary permits. Always contact with Orange County's construction officials for information and guidance.

Make sure you obtain information about Florida's Construction Lien Law by calling the Florida Department of Business and Professional Regulation at (850) 487-1395 or the Orange County Consumer Fraud Unit at (407) 836-2490. It is very important that you understand how this law works to ensure you don't pay twice for the same job.

Check the contractor's address, license and complaint history by contacting the following agencies:

Orange County Building Department at (407) 836-5550 or its web site.
Florida Department of Business and Professional Regulation at (407) 487-1395 or its web site.
Orange County Consumer Fraud Unit at (407) 836-2490.
Florida Department of Agriculture and Consumer Services at 1-800-HELP-FLA (435-7352).

Have a written contract for your repairs and understand it before you sign. A contract should include, at a minimum, the following:

It should be specific about the work to be done and the exact type of materials to be used.
The contract should show a beginning date and final completion date.
If a penalty assessment is stated for failing to meet the completion date, the amount of the penalty should be stated and how it is to be assessed.
The contract should specify the terms of payment.
Any warranties or guarantees of workmanship and materials should be explicitly stated in the contract.
Be sure of the duration and what is covered. If the contract is on a "cost plus" or hourly basis, get a written estimate and, if possible, a "ceiling" (maximum amount to be paid).
The contract should specify that the contractor is to obtain all permits or variances, carries full insurance on all employees and "subcontractors," releases you from all liens, and provides for a proper clean up.

Some home improvement or repair contracts may be canceled without penalty or obligation by midnight of the third business day after signing. They are:

Those signed at a place other than the seller's normal place of business, unless you requested the specific product or service.
All door-to-door agreements, except for emergency home repairs.
Those paid on an installment basis.

Credit and Finances

If you are unable to pay your bills, contact your creditors and lending institutions and try to work out a payment schedule. Do not wait until they contact you for being delinquent on the payments.

Contact the National Foundation for Consumer Credit Counseling (NFCC) at 1-800-388-2227 for help in negotiating with creditors. If seeking a loan, shop around. Compare finance charges and interest rates for various lending institutions before signing a contract. Avoid doing business with anyone who, for an advance fee, "guarantees" you a loan.

Contact the Florida Department of Financial Services at 1-800-342-2762 to check on a finance company before signing a contract.

Make sure that you have enough cash on hand to take care of your family's immediate needs. Banks and ATM's may have their systems inoperable due to lack of power. It is recommended that you have enough cash for at least one week.

Giving to Charity

Beware of people soliciting contributions on behalf of victims of a natural disaster. Ask the name of the organization they represent. All types of organizations may contact you, asking for your donations. Do not judge an organization solely on a name that sounds impressive.

Many organizations use names similar to well-known charities and organizations. Know who is asking for your money. Beware of pressure tactics. Reputable organizations won't pressure you to give today; they will gladly accept your gift at a future date.

Not all organizations soliciting are true charities eligible to receive tax-deductible contributions. Ask if donations are tax deductible. Verify the information with the Internal Revenue Service (IRS).

Never give cash. Contribute by check payable to the organization, never to an individual's name. Charitable solicitation organizations must register with the state. To check on a group's registration or complaint history, call the Florida Department of Agriculture and Consumer Services at 1-800-HELP-FLA (435-7352). You can also view their online Gift Givers' Guide for up-to-date charitable organizations financial information.

Landlord/Tenant Law

If, due to a disaster, the landlord refuses to renew your lease, terminates your month-to-month rental agreement, or increases your rent substantially, you can seek a court decision on whether the rental agreement or any part of it is unconscionable or if the landlord is acting in a retaliatory manner.

If the premises are damaged or destroyed due to powers beyond your control and it is rendered unlivable, you may move out and stop paying rent. First, you must give notice to the landlord, in writing, by hand-delivery or certified mail, describing the condition of the home and your intention to vacate. In the letter, include an address where your deposit(s) should be sent.

When you move out, the landlord must either return your deposit (plus interest, if applicable) within 15 days of termination of the lease if the landlord does not intend to impose a claim upon the security deposit; or justify in writing by certified mail, to the tenant's last known mailing address within 30-days upon termination of a lease, as to why they are keeping a portion of, or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits his/her right to impose a claim upon the deposit, unless you fail to give proper notice prior to vacating. If you object to the claim, you may take the matter to small claims court.

Keep a copy of any notice you give to the landlord in addition to any notices received. Take pictures of the home, inside and out, showing the damage and keep them for your records. The pictures will be important should you have to defend yourself in court on an eviction procedure, or if the landlord refuses to return your deposit because you terminated your rental agreement early because of damage to the home.

If the rental home is damaged but is still livable, you only have to pay rent for the value of the part you can use. Before withholding rent, give notice to the landlord, in writing, by hand-delivery or certified mail, advising the landlord of the problems, requesting they be fixed within a specified period of time, and stating the deduction for the fair rental value of the part of the premises damaged or destroyed.

If you are unable to pay the full rent due to financial difficulties caused by a natural disaster, talk with the landlord and try to reach a mutually agreeable solution. Do not wait until the rent is past due.

Important Numbers and Resources

Orange County Information Line (407) 836-3111 or 311 or the web site.
Orange County Consumer Fraud Unit (407) 836-2490 or their web site.
Orange County Sheriff's Office (407) 737-2400
FEMA (Federal Emergency Management Agency) Registration 1-800-621-FEMA (3362) or TTY: 1-800-462-7585
State of Florida Emergency Information 24-hour hotline (FEIL) 1-800-342-3557
Florida Department of Agriculture and Consumer Services Hotline 1-800-HELP-FLA (435-7352)
�Espa�ol! 1-800-FL-AYUDA (352-9832) or the internet: http://www.800helpfla.com/
Florida Attorney General's Office 1-866-966-7226 or their web site.
State Volunteer and Donations Hotline 1-800-FL-HELP1 (354-3571)
Elder Affairs 1-800-96-ELDER (963-5337) or 211
Florida Department of Financial Services Insurance Claim Hotline 1-800-22-STORM (227-8676)
Agency for Workforce Innovation Unemployment Claims Emergency Hotline 1-800-204-2418
Salvation Army Donation Helpline 1-800-SAL-ARMY (725-2769)
American Red Cross 1-800-HELP-NOW (435-7669)

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