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Florida Consumer Law Questions & Answers
0 Answers | Asked in Foreclosure, Consumer Law and Contracts for Florida on
Q: Can you sign a mortgage agreement with an entity that is inactive and then still

The entity needs that was on the mortgage agreement I didn't know until recently but that entity wasn't even active and I just found out a couple days ago that one year after I signed my mortgage agreement with them that same entity signed over a quick claims deed to themselves with an... View More

0 Answers | Asked in Consumer Law and Small Claims for Florida on
Q: Bought a car as-is, ad states that specific repairs have been completed, but haven't. Is dealer still responsible?

Purchased a used vehicle "as-is" on 12/09/2024. The ad the dealer placed stated "Car is in perfect condition and needs absolutely nothing. All services are done, with new brakes and rotors." I took the car to my mechanic on 12/13/2024. He said that the front brakes were new, but... View More

0 Answers | Asked in Consumer Law and Collections for Florida on
Q: Is it worth pursuing credit card company for compensation for their illegal practices?

I have a credit card account with this company. Twice in the last year I've been late on payment. When I say late, I mean less than two weeks; not long enough for it to even be reported to the credit bureaus. Within a week of missing payment, this company calls 7-10 times a day from MANY... View More

2 Answers | Asked in Consumer Law for Florida on
Q: served with Notice to Appear for pretrial conference for a debt of credit card to fifth third bank. How can we settle?

My mother is 79 only received SS. She is scared they will take her monthly check. How can we settle before going to court. We don’t have lot of money but she is scared

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 18, 2024

Many assets are protected in Florida, Homestead and Social Security amongst other things, while you can try to settle and get on a payment plan with them on a monthly basis, it is also just as likely that they will not be able to do anything to her as she will be exempt from garnishment or... View More

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0 Answers | Asked in Business Formation, Business Law and Consumer Law for Florida on
Q: I have a legal question about DMCA laws

I own a physical copy of a video game and would like to create a backup for personal use, including playing it on an emulator on my computer. My goal is to bypass DRM protection in compliance with the 2024 DMCA exemptions that permit such circumvention for personal, non-commercial backup purposes.... View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: What makes a cancellation fee unreasonable under Florida law? Is there a statute or case law that speaks to this?
Charles M.  Baron
Charles M. Baron
answered on Dec 11, 2024

Are you talking about a cancellation fee that the parties agreed to in a legally valid and legally executed contract or lease, with no factors rendering the making of the agreement itself a problem (such as a party being the victim of fraudulent inducement, or being subject to duress, or being... View More

1 Answer | Asked in Constitutional Law, Consumer Law, Employment Law and Lemon Law for Florida on
Q: Bankruptcy Consumer Contracts Copyright Criminal Divorce DUI / DWI Employment Estate Planning
Phillip William Gunthert
Phillip William Gunthert
answered on Dec 8, 2024

It depends on what you precisely need, most attorneys work in specialty areas, we usually handle estate planning and probate and business entity formation and related contracts, other law offices have other specialties and matters that they handle, some more and some less areas.

0 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Libel & Slander for Florida on
Q: How can I handle communication with opposing counsel and address a prior press release to avoid harming my case?

I am representing myself in a lawsuit against American Airlines for racial bias, defamation, and an unlawful lifetime travel ban. The case stems from an incident on Flight 1124 in June 2022, where I was accused of intoxication and belligerence, claims disproven by a breathalyzer test administered... View More

0 Answers | Asked in Business Formation and Consumer Law for Florida on
Q: I went to an ebike store to buy a new e-bike. But the bike i bought was used not new like i was told i paid full price

A week later the owner of the bike shop admited that he had rode the bike a week before he sold it to so he musyt of reset the display to make i t lo look like the bike wad new. Can he do thay

0 Answers | Asked in Consumer Law, Criminal Law, Elder Law and Lemon Law for Florida on
Q: I am having an issue with a car dealership. According to what I have gathered, they have violated many laws in FL

Consumer protection laws, lemon laws, ADA laws, Fair Business Practices law, and others which I really don't even know where to start. I am a disabled elder and I am afraid of what I have at hand

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Construction Law for Florida on
Q: Hired a company to do work on our home.. Satisfied with work but can't get company to send us a bill so we can settle.

We have repeatedly asked to send us a bill/invoice for work done but have not received one. Now we can't seem to get a hold of anyone. Any recourse or advice?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 26, 2024

Send a certified letter to the company asking for a bill. Retain the amount of money you believe is owed in a savings account or other account that you are not tempted to use for a minimum of 5 years from the completion of the project. (If you think you might owe $5k, retain $6k, etc., to be on... View More

1 Answer | Asked in Personal Injury, Consumer Law, Contracts and Civil Litigation for Florida on
Q: Is it illegal to record your conversations with a car dealership in person without notifying them? In a 2 party state.

If I ask them to read the contract I signed for me. Can I secretly record that without telling them. If it’s not possible. Should I just go and inform them I’m recording. Even though they might get suspicious and lies.

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Under Florida Law, recording someone without their knowledge or consent is a 3rd Degree Felony. Don't Do It.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: How much should i sue for in total? i just want a general idea.

I was misled by a salesperson at a dealership who promised approval for a $22,000 car with $3,000 down. Upon arrival, I was told I needed $8,000. The salesperson referred me to another dealership, where I paid $3,800 down. A month later, they requested an additional $4,000, falsely claiming my job... View More

James L. Arrasmith
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answered on Oct 13, 2024

When deciding how much to sue for, start by totaling your direct financial losses. This includes the $3,800 down payment you made, the additional $4,000 they demanded, the $5,500 in unpaid tuition, and the wages lost over two months. Adding these amounts gives you a baseline for your claim.... View More

1 Answer | Asked in Consumer Law, Business Law, Collections and Small Claims for Florida on
Q: I paid for scooter parts online, but never received parts. what should be next step? less than $200 more than $100

gave plenty of time for delivery. sent email giving them a deadline (even gave more time on that) after waiting almost two months.

Erik A. Perez
Erik A. Perez
answered on Oct 9, 2024

You can send them a demand letter notifying them they have a certain time frame to deliver the goods or you will be filing suit on that date. Realistically, it is not worth filing a lawsuit for an amount under $200, so the demand letter should be used as a tool to begin negotiations. Additionally,... View More

3 Answers | Asked in Consumer Law, Small Claims and Bankruptcy for Florida on
Q: Am I required by Law to submit my payroll information for this credit card?

Hello, I have a credit card that I was not able to pay because I got sick. I did a virtual meeting recently with the judge and the creditor to make an agreement. I got sick again and I cant afford to make the $75 monthly payments. I received a letter from the court saying that I have to submit my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 9, 2024

It looks like the plaintiff got a judgment because you failed to make the agreed payments. So yes, you are required to respond to the questionnaire (fact information sheet).

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3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
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... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 8, 2024

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... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Can i get the fees waived if I’m indigent fir copies of bodycam footage

I requested the bodycam footage of an incident. There is a fee due to it taking more than 15 minutes to get the video so there is a fee. Can I have the fee waived if I’m indegent

James L. Arrasmith
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answered on Sep 30, 2024

You may be able to have the fee waived for bodycam footage if you can demonstrate that you are indigent. Many public agencies have provisions for fee waivers or reductions based on financial hardship. It would be helpful to provide documentation of your indigency when making the request.... View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: i would like to sue Jerico Pictures, Inc doing business as National Public Data for the data breach.
Linda Liang
Linda Liang
answered on Sep 18, 2024

You need to be more specific, including the loss the data breach caused you. Feel free to contact this office for better understanding if you wish.

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Family Law for Florida on
Q: Lexus nexis reports that my ex husband is my brother and list me as a owner what do i do
James L. Arrasmith
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answered on Sep 18, 2024

If the information in your LexisNexis report is incorrect, such as listing your ex-husband as your brother or showing you as an owner, it’s important to correct it as soon as possible. Start by requesting a copy of your LexisNexis report if you haven’t already, and review it carefully for any... View More

2 Answers | Asked in Consumer Law, Tax Law, Banking and Business Law for Florida on
Q: I have a client that wants to ask for 100k financial, buy my product for 70k, and wants me to retunrn to him 30k.

Not legal right? Which are the laws I can show him that this is not compliance?

Tim Akpinar
Tim Akpinar
answered on Sep 12, 2024

Depending on the intent with which it would be done, it could be ordinary common law fraud - which could involve numerous state statutes, depending on context, industry, and other factors. Good luck

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