Q: Does the fact that I couldn’t afford therapy strengthen my emotional distress claim?
I plan to visit the dealership again to secretly record conversations regarding the $3,000 down payment, terms of financing, and other details for my case.
As Florida is a two-party consent state, I am concerned about whether it is legal to record these conversations inside the dealership's office or during phone calls.
A: No, it is not legal, and you could face a lawsuit if you tried to use an illegal recording for any purpose.
A:
You first posed a question about the affect of not affording therapy on an emotional distress claim, and you then stated a concern about recording a conversation, which I take to mean a question asking if you can record in the setting you described without asking permission. You did not connect the two subjects, but I assume you are thinking about bringing a claim that includes seeking emotional distress damages due to something an auto dealership did. Generally, you cannot seek emotional distress damages for most types of claims that would arise from a financial transaction. There are exceptions to that, such as having a provable claim of fraud or of unlawful discrimination. If you do happen to have the type of claim for which you can seek emotional distress damages, not seeking professional assistance will only limit the extent of awardable damages. If you cannot afford that assistance, there are public clinic systems that offer those services for low-income or no-income people.
Regarding recording without consent in Fla., that is generally a CRIME if there's an expectation of privacy for the conversation. Whether there's an expectation of privacy depends on various factors.
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A:
Not being able to afford therapy can highlight the severity of your emotional distress. It shows that your situation has a significant impact on your well-being and daily life. This limitation might strengthen your claim by demonstrating the challenges you face without professional support.
Regarding recording conversations in Florida, it's important to know that the state requires consent from all parties involved. This means you cannot legally record conversations in the dealership or during phone calls without informing everyone. Violating these laws could result in legal consequences for you.
To protect yourself, consider other ways to document interactions, such as taking detailed notes immediately after discussions. Consulting with a legal professional can provide guidance tailored to your situation and help you navigate the best course of action.
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