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Can I ignore consumer requests for information or deletion in Florida? What are the requirements?
Consumer Requests for Information or Deletion in Florida
Under Florida law, businesses cannot ignore consumer requests for information or deletion, subject to certain exceptions [2.1].
Requirements for Compliance
Businesses must comply with consumer requests for information or deletion, subject to certain exceptions. For example, a consumer may place a security freeze on their consumer report by making a request in writing by certified mail to a consumer reporting agency. The consumer reporting agency shall place a security freeze on a consumer report no later than 5 business days after receiving a request from the consumer. The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within 10 business days after instituting the security freeze and shall provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the removal of a security freeze on his or her consumer report pursuant to subsection (5) or subsection (11) [3.1].
For motor vehicles, manufacturers must provide in writing the name, address, telephone number and facsimile number of the person designated to receive notices on behalf of the manufacturer under Chapter 681, F.S. This written notice must be sent to the Office of the Attorney General, Lemon Law Arbitration Program, PL-01, The Capitol, Tallahassee, Florida 32399-1050. This information will be presumed correct unless it is updated in writing by the manufacturer. Failure to update the information will result in notices under Chapter 681, F.S. (the “Lemon Law”), being mailed to the manufacturer’s last known address [1.1].
Exceptions
There are certain exceptions to the requirement to comply with consumer requests for information or deletion. For example, a registered consumer collection agency must provide a written response to the office within 45 days after receipt of a written request from the office for information concerning a consumer complaint. The response must address the issues and allegations raised in the complaint. The office may impose an administrative fine of up to $250 per request per day upon any registrant that fails to comply with this subsection [2.1][2.2].
Conclusion
Businesses cannot ignore consumer requests for information or deletion in Florida, subject to certain exceptions. Therefore, businesses must comply with consumer requests for information or deletion, subject to certain exceptions [2.1].
Note: This response is based on the provided documents and may not be exhaustive. It is not a substitute for professional legal advice.
Source(s):
- [1.1] Written Statement Explaining Consumer Rights Under Chapter 681, Florida Statutes; Hearings Before Florida New Motor Vehicle Arbitration Board
- [2.1] Consumer complaints; administrative duties.
- [3.1] Consumer report security freeze.
- [2.2] Registration of consumer collection agencies required; exemptions.
Jurisdiction
Florida