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Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Acceptance now just let someone lease a product from them under my name without checking identification.

The transaction took place in Portland Oregon and I live in Florida. If they had followed the process of checking an ID they would not have leased the product.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 8, 2022

And you want to know what to do about it? Since you somehow found out about it, you should immediately inform them, in writing, that it was not you who leased the product. If they eventually file suit against you about the lease, they might do so in Oregon. In that case you will need an Oregon... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: I’m suing my veterinarian. In this case, should I name the vets personally or sue their practice/company? Or both?

It’s a VCA hospital but I can’t figure out whether to name the defendant(s) as the veterinarians individually or the company they work for, or both. Any reply I’d appreciate.

Charles M.  Baron
Charles M. Baron answered on Apr 24, 2022

Since you are asking this question, I assume you are representing yourself, and that you have not consulted with a lawyer to give you guidance on self-representation. If so, your case is almost certain to be dismissed because most lay people do not know what proof is necessary to prevent the case... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: On April 13 2022 I opened a sealed 5 lb tub of butter and I found a very hard piece of plastic laying on/in the butter

I took picture and video of it. Who do I contact, the company that made it or the store...hire an attorney?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 16, 2022

Why hire an attorney? Assuming you didn't eat the plastic, you didn't suffer any damages.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can you sue a gym for fraudulently creating a membership in your name using your private information without consent

The account was created using my private information without my consent they have no signature from me or employee that signed on the account they refuse to cancel and have sent me to collections and I’ve been harassed about this for over a year.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 15, 2022

Be sure that you keep copies of all correspondence by which you inform them that you didn't authorize them to create the account. It wouldn't hurt to send it certified mail. If they file suit against you for this, you will need that.

1 Answer | Asked in Consumer Law, Probate and Collections for Florida on
Q: Am I responsible for my deceased husband's judgement ?

My late husband had a debt being paid by installment. The creditor, not knowing his death (I did not need a probate), now files a motion for final judgement. This judgement will be granted. Will I be responsible ?

Phillip William Gunthert
Phillip William Gunthert answered on Apr 14, 2022

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family.

As long as you were not named in the lawsuit, and you were not a co-signor or otherwise made yourself responsible for the debt, the answer would be no. It would be important...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Banking and Military Law for Florida on
Q: I believe my car has been wrongfully repossessed, what should I do?

I am active duty member currently on deployment but coming home soon. Back in January my car got impounded for expired tags. I talked to the impound lot and explained the situation and they said they would hold my car till I got back from deployment. Now right when I am about to come home I found... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 7, 2022

You are protected by the Servicemembers' Civil Relief Act, which protects military personnel from certain actions while deployed. You should contact the bank and assert the repossession was improper under the Act, especially since you were not past due and had made arrangements for you... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Real Estate Law for Florida on
Q: Can I sue for false verbal advertisement in regards to a community for the purpose of selling a house?

Good evening, about two years ago we bought a house on a new HOA community that was still being built. When we were looking at homes, we wanted somewhere that was kid friendly and had a playground for kids. We were assured by the seller that the sales office was going to be a clubhouse with a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 6, 2022

No. Contracts to purchase real estate must be in writing. The assurance you got, not being in writing, is not enforceable.

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1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: Can I take a car dealership to small claims if I signed an arbitration agreement? I’m in Florida.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 5, 2022

No, if you agreed to arbitrate any problem you cannot go to any court.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Real Estate Law for Florida on
Q: I found blood on a napkin from a drive through restaurant and wiped my face with it... what do I do. ??

It wasn't my blood or blood from food. It had to have been from an employee on purpose..

Tim Akpinar
Tim Akpinar answered on Apr 5, 2022

A Florida attorney could advise best, but your question remains open for five weeks. One of the issues that could confront a claimant in a situation like this is the element of damages compared to the cost of litigation. But that's only a generality. For a more meaningful assessment of the... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Florida on
Q: I have a mold infestation since October along with many other issues. I want to sue, they have been sued before for same

The company is Dasmen Residential and they have not done anything to cure the mold infestation that is constantly gradually getting worse everyday. Can I bring a lawsuit against them for inhumane conditions?

Jane Kim
Jane Kim answered on Mar 28, 2022

You should contact a lawyer directly. Lawyers aren’t showed to solicit your business.

Good luck.

2 Answers | Asked in Consumer Law and Collections for Florida on
Q: unsecured 2nd mortgage that is over 10 years old in Florida does statute of limitations apply
Jane Kim
Jane Kim answered on Mar 22, 2022

"unsecured 2nd mortgage" is a legal impossibility.

Statute of limitations as to default? Every missed payment triggers its own default and its own statute of limitations.

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1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: can i leave a bad review for a contractor that walked off the job w/o deformation/slander charges?

contractor walked off the job, demanded more money after being paid in full before finishing the job, shabby work, refused to finish work before being paid more money that the signed contract stated, didn't finish the work from original contract

Michael  Mayoral
Michael Mayoral answered on Mar 16, 2022

Generally speaking, "truth" is a defense to any defamation claim. It isn't defamation to make a true statement about someone.

1 Answer | Asked in Consumer Law for Florida on
Q: Deliveryman damaged my car door.The company doesn't want to pay for damage.What lawyer should I look for?
Stephen Arnold Black
Stephen Arnold Black answered on Mar 10, 2022

Demand that they disclose their liability insurance policy information so you can file a claim for loss directly with that insurance carrier. If they refuse then sue them in court- small claims court if it’s a small claim.

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Florida on
Q: I want to ask about fraud and romance fraud and being deceived into investing money

I was investing in a man I thought I would marry and found out he was married. What can I do about getting my money back?

Richard W. Noel
Richard W. Noel answered on Mar 2, 2022

Did you file a police report for fraud? That's about the extent of what you can do in the criminal realm. You may be able to pursue civil claims for fraud. I suggest speaking with an attorney. Good luck.

1 Answer | Asked in Consumer Law for Florida on
Q: Is it ethical/legal for a jeweler to deliver a custom ring with less carat weight than quoted but same price ?

I bought a custom eternity ring from Florida, I am in California. The original price quoted had 6.9 carat diamonds (invoice was emailed) Once fully paid, I received a ring with 5.7 carat weight and receipt with this carat change. I still had paid in full The initial quoted price. And the ring was... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 19, 2022

If it's a price adjustment you want, that would depend on whether the market value of the ring you received can be proven to be less than the market value of the ring you ordered.

3 Answers | Asked in Contracts and Consumer Law for Florida on
Q: If I trade in my car to a dealership and get a new car, then after a few days i’m told they gave me the wrong numbers

and that i owe an additional $20,000 on the car i downgraded to. does their mistake fall onto me? if i don’t go back in, will i be held legally responsible for the missing $20k on my loan pay off that they over looked?

Michael  Mayoral
Michael Mayoral answered on Feb 10, 2022

This issue will completely depend on the terms and figures on the written agreements and/or contracts that you and the dealership executed. You would be well advised to consult with a contracts attorney before signing any additional documents with the dealership or making any other agreements on... Read more »

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1 Answer | Asked in Consumer Law for Florida on
Q: Can I be removed from a car loan, if I am a co-borrower?
Phillip William Gunthert
Phillip William Gunthert answered on Feb 5, 2022

Not easily, the car would have to be refinanced or even sold to get you from under it. This is the issue with being a co-borrower or co-signor, you are obligated until it is paid off.

1 Answer | Asked in Consumer Law, Contracts, Family Law and Health Care Law for Florida on
Q: Is it possible to revoke my consent for treatment from a Psychiatrist

I hired a new Psychiatrist for my son who suffers from an active Psychosis but don't agree with him, I want to find a new Psychiatrist and revoke consent from this one

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Feb 1, 2022

A person has a constitutional right to refuse medication and other forms of medical treatment, which includes parents' rights to refuse to allow their children to be medicated. However, there are several practical considerations to keep in mind.

Talk to a Health Care Lawyer for more information.

4 Answers | Asked in Consumer Law, Small Claims, Bankruptcy and Divorce for Florida on
Q: My ex-husband is demanding I pay for a loan he got and I am not even on the loan.

My ex-husband cosigned a loan (sallie mae) for our daughter (who is a student and has mental health issues ). She is 23, is still studying (changed programs and college) and now they are getting billed $48,000 and he wants me to pay for it in its entirety since I was awarded our stocks as part of... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 1, 2022

This answer is based on the law in Florida. You have no legal obligation to pay the loan. What you are describing is a moral dilemma because you are a parent that cares about your child.

Good luck.

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1 Answer | Asked in Consumer Law for Florida on
Q: I bought a computer from Amazon. It was acting up so I called Dell for tech support. Dell said the computer is a stolen

Computer and is part of an investigation and must return the computer. Do I have a case against Amazon?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 29, 2022

Of course. Contact Amazon and insist that they straighten this out.

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