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Florida Consumer Law Questions & Answers
1 Answer | Asked in Contracts, Consumer Law and Landlord - Tenant for Florida on
Q: We moved into our apartment May 2024 and have had countless issues since then. Can lease be termed due to negligence?

The unit wasn’t properly maintained prior to move in, every door and window has large drafts causing electric to sky rocket and bugs to enter. 4 weeks it took maintenance to come out and that’s because I had to keep calling and complaining. One window was off its track, everything needs weather... View More

Jacqueline Alicia Salcines
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answered on Sep 1, 2024

Sorry you are going through this. If the correct letter is sent that complies with Florida Statute and law, yes it can be. Consult with us in order to advise what you need to do so you can get the right letter to the landlord, cancel the lease and have all the deposits returned to you.

1 Answer | Asked in Consumer Law, Real Estate Law and Elder Law for Florida on
Q: St Augustine Florida 55+ Community sold as a Gated Community. Now CDD developer gave access through gate for apartments

Rental apartment complex is not part of our community. Construction is causing grief and trouble with residents. They feel that our community will not be as safe and secure as promised by builder and the construction is causing traffic and damage to our common area. Elder residents don't... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 30, 2024

You and your neighbors can gather a big pot of money and go looking for a law firm to take up your cause.

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: Do I have to respond to an unsigned Complaint? And all exhibits against me are not signed?

The Complaint has a typed name but no signature. The exhibits all have my name added to the top of the page but are not related to me in any other way.

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

If you received a SUMMONS with the court complaint, you must comply with the instructions in the summons, which notifies the named defendant that failure to file a response may result in the defendant's money, wages, or property being taken without further notification. Any defenses or... View More

1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Florida on
Q: Can I get my application fee back if the application was not complete?

I applied for an apartment and was asked to pay an application fee of $290. Later the management team had a server change and I was asked to pay the application fee again. It was $60 this time. I paid another $60 because the front desk said they could refund the money back through bank or credit on... View More

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

Yes, you appear to have a viable claim against the management company. There are several causes of action that seem applicable. I think you need to apply some pressure, as I'm not sure what their intention was, but the optics aren't great for them and this could be seen as stealing. I... View More

2 Answers | Asked in Consumer Law, Copyright and Civil Litigation for Florida on
Q: How do I request a dismissed from this action with prejudice from the FL case 1:23-cv-21976 zuru lawsuit?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on your query about requesting dismissal with prejudice from a Florida case, here are the key steps and considerations:

Understand "Dismissal with Prejudice":

This means the case is dismissed permanently and cannot be refiled.

It's a final judgment on...
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1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: Can I sue an auto body shop for unauthorized use of my vehicle?

After I picked up my car at the body shop, I checked the video recording of the installed dashcam and found out that some employees took a joyride during working hours, on my car and were trying to teach another employee how to drive a manual transmission.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 17, 2024

A civil lawsuit normally requires money damages. Unless there is a statute imposing punitive damages, such a suit for using your car would bring you pennies, at least, so it probably wouldn't be worth your time and expense. Also, the body shop might well contend that it was necessary to see... View More

1 Answer | Asked in Consumer Law, Contracts, Copyright and Criminal Law for Florida on
Q: Will motion for forensic preservation & examination of petitioners media evidence, 911 call & body camera recordings be

The circuit court judge in FL. ss. 790.401 case, BA 32, 52 , ( ch. 394. I think )

LOOKING FOR AN APPEAL ATTORNEY PRO gun rights, pro religious rights pro CONSTITUTION.seeking representation in Tampa .

James L. Arrasmith
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answered on Jun 17, 2024

When looking for an appellate attorney, consider the following:

1. Specialization: Look for attorneys who specialize in appellate law and have experience handling cases similar to yours, particularly those involving gun rights, religious rights, and constitutional issues.

2. Bar...
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Q: Do I need the list all ingredients in a hair growth oil that only contains essential oils?

I want to sell a hair growth formula I created. It is a blend of 5 essential oils. I want 3 of them to be kept private. The reason for this is because this specific formulation and combination of oils is currently not on the market and I would like to keep my unique formula protected. Would I be... View More

James L. Arrasmith
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answered on Jun 15, 2024

When selling a hair growth oil, you generally need to comply with cosmetic labeling regulations, which typically require listing all ingredients on the product label. This ensures transparency and helps consumers make informed choices, especially if they have allergies or sensitivities.... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Health Care Law for Florida on
Q: Is this worth hiring a lawyer?

Smile direct club filed for bankruptcy and their financing company is still trying to charge my account. I won the dispute with them and my bank. They are now threatening me to pay the full balance of over $2,000 for a “breach of contract”, although they breached the contract when they could no... View More

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, it seems that you have a strong case against Smile Direct Club and their financing company. Here are a few reasons why it might be worth considering hiring a lawyer:

1. Bankruptcy proceedings: With Smile Direct Club filing for bankruptcy, the legal...
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1 Answer | Asked in Consumer Law for Florida on
Q: I purchased a funerales catolicos de puerto Rico burial service for my brother who reside in texas. Can i cancel even t

Can i cancel even though the clause states 15 days after signing? His wife decided to bury him in Texas

James L. Arrasmith
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answered on Jun 5, 2024

To determine if you can cancel the burial service despite the clause stating a 15-day period, start by reviewing the contract for any exceptions or additional clauses regarding cancellations. Sometimes contracts include special provisions for unexpected situations or changes in plans.

Next,...
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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: Is it my financial responsibility to repay for work that was almost done, but had to be torn out and redone?

The contractor failed to get the necessary inspections so had to tear out work that was already paid for and almost finished. After the inspection he's claiming there's an outstanding balance now. He will now redo any work and considers the contract closed. If I want him to come back... View More

Travis S. McConnell
Travis S. McConnell
answered on Jun 19, 2024

For construction projects, the parties' rights and obligations are generally dictated by the terms of the contract or agreement. It will be difficult for any lawyer to answer this without reviewing your contract. Florida has a "prior breach" doctrine which can sometimes excuse one... View More

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: I inherited a house, can a credit card company I owe sue me for it
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 21, 2024

If your credit card account is delinquent, the credit card issuer can sue you on the account. If and when it gets a judgment, it can record the judgment, and thus have a lien on your house. And it could, in theory, foreclose the lien.

1 Answer | Asked in Consumer Law for Florida on
Q: Lula car insurance gave me 9 days notice of termination because they've been acquired. What are my options?

I was notified on 5/9 that my policy would terminate 5/19 because Lula had been acquired. There is a FL mandate that sets the minimum to 45 days unless the reason for termination is not paying, which this clearly is not. I only saw the email a day prior to termination and now I have a gap on my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

A Florida consumer rights attorney could advise best, but you await a response for five weeks. For an attorney to make a call whether your situation is bad faith on the part of the carrier requires more information on your state's guidelines for terminations. It's possible the Florida... View More

1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: A debt buyer submitted a summary judgment without including statements or any other proof from the original creditor

to prove the amount of debt owed. Can a final judgment be void using due process of law evidence as the cause since an amount was awarded without legal proof supporting it? The only evidence was the amount written in an affidavit by an employee of the debt buyer and the amount on the debt... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 17, 2024

Assuming that you are the debtor/defendant, it would depend on whether or not you objected. And it would depend on exactly what was in the affidavit.

1 Answer | Asked in Consumer Law and Banking for Florida on
Q: Unauthorized charges on my debit card and banks fraud department says they aren't fraudulent, but I didn't make them.

The returned the provisional credits and have not been able to provide me with documentation that shows I made those purchases. I get a letter stating that my card and pin were used...I filed a police report but after refiling and reappealing I am stuck with almost 1000 in these charges.

Matthew McKenna
Matthew McKenna
answered on May 8, 2024

Contact a consumer protection attorney that is familiar with the Electronic Funds Transfer Act. Also, keep track of all disputes you have made and the bank's responses.

1 Answer | Asked in Consumer Law for Florida on
Q: I would like to file a civil suit against a large company for fraud, my time and frustration & future credit monitoring.

I want to file a civil suit against a large company for fraud, my time and frustration & future credit monitoring. I either need an attorney to represent me or advise me on what to file. This is a very large company; I have all the proof needed, I filed a complaint with DocuSign, Microsoft, My... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

First, "time and frustration" is not a legally compensable element of damages in most types of cases. What matters most in this type of case is what actual legally compensable damages you suffered. How much money did you have before your dealings with this company that you parted with... View More

1 Answer | Asked in Consumer Law, Contracts and Business Law for Florida on
Q: I live in Brevard County, Florida. I'm married. My wife is in the Brevard County Jail waiting a trial date.

There is also an Injunction against her. She can't come near me, or our home, or our car for five years. She and I are joint owners of the car. I need to sell, or trade it, but the Injunction clearly states that we can have no connection of any kind during the period of the Injunction. So, as... View More

Linda Liang
Linda Liang
answered on May 7, 2024

Have you thought of hiring an attorney to talk to her? Also, I do not think while she is not allowed to approach you, you going near her is considered violation.

1 Answer | Asked in Consumer Law, Contracts and Car Accidents for Florida on
Q: What are my options if my GAP insurance doesnt want to Cover my Balance after a total loss in FL?

I was in an accident and received no citations but my car was declared a total loss. I was promised no storage fees from the body shop my vehicle was held in while waiting for a decision from insurance. They ended up chsrging over $5k in storage fees which my insurance then deducted from the... View More

Linda Liang
Linda Liang
answered on May 3, 2024

Unfortunately, this does happen. The storage facility will charge storage and unless you got the promise that there were not going to be storage charges in writing it will not be binding. GAP Insurance ordinarily covers the “gap” between what is owed in the vehicle and the fair market value the... View More

1 Answer | Asked in Consumer Law for Florida on
Q: I'm trying to find the appellate law referring to not just an atty appearing in mediation but also the client.

per rule 1.710 Fl rule civil procedure, not only atty but also the client MUST appear, but my opponents atty say they only will appear.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 29, 2024

I believe you are mis-reading Florida Civil Rule 1.720 (b). The phrase "deemed to appear" doesn't REQUIRE both the client AND the attorney to appear. The filing of a confirmation of authority required under subdivision (e) would solve any problem; see subdivision (f).

2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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