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Sarasota firm sued for making illegal calls

The state says the company violated the "do not call" list and made at least 73 illegal telemarketing calls.

SARASOTA - State officials have sued a Sarasota investment company and its owner for allegedly violating Florida's "do not call" list.

The Florida Department of Agriculture and Consumer Services said in a lawsuit that M.E. Best Investment Services Inc. and owner Michael E. Best made at least 73 illegal telemarketing calls within the last two years. Most of those receiving the calls live in Manatee and Sarasota counties.

The complaint, filed Tuesday in Manatee County, also said the company used recorded messages, which is an illegal practice in Florida.

The state seeks an injunction against Best and his company prohibiting the use of unsolicited calls, plus penalties of up to $10,000 per violation.

Department spokesman Terence McElroy said the company was a "repeat offender." He said Best agreed to pay the department $2,075 in a 1999 settlement for committing the same violations.

In the latest complaint, McElroy said, "This company was not only making calls to people on the list but it was playing recorded messages. That is prohibited by law. You can use an automatic dialer, but if someone answers the phone, you have to have a live person on the call."

Best called the state's action "obsessive" and said the number of calls cited are greatly overstated.

"Our telemarketers sometimes do call people in error," he said, but they try to abide by the "do not call" list. "A lot of these people making complaints are retirees with a lot of time on their hands. It is an error, it is not flagrant or intentional."

Sara Bagley of Sarasota said she got one of the calls on July 9, despite being on the "do not call" list for four or five years.

"I wasn't angry. I was disgusted," she said. "What I thought was, "He can't obey the rules."'

In the past eight years, the state has received civil penalties and fines totaling about $850,000 against 78 businesses for violating Florida's "Do Not Call" law.

You can join the "do not call" list or get information by calling toll-free 1-800-435-7352, or by visiting the Division of Consumer Services' Web site at www.800helpfla.com The site also has a link for those on the list to complain about a call they think is illegal.