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Florida Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law for Florida on
Q: My complex in Daytona have an exclusive agreement with Comcast. The cost is 189.00 per month. I am retired. Is this leg

I wanted to change to internet only and have been told no

James L. Arrasmith
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answered on Jan 2, 2024

In Florida, it's not uncommon for residential complexes to enter into exclusive agreements with service providers like Comcast. However, the legality of such agreements can depend on the specific terms and whether they align with federal and state regulations.

If your complex has an...
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3 Answers | Asked in Consumer Law, Contracts and Health Care Law for Florida on
Q: I was a patient at South bay medical and found out they closed but the treatment never worked 17 times $4500.00 what can

I do about this I'm paying for something that did not help and there was several others the same thing

James L. Arrasmith
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answered on Dec 14, 2023

If you received treatment at South Bay Medical that was ineffective, and you've incurred significant expenses, there are a few steps you can take. First, gather all relevant documentation related to your treatment, including any contracts, receipts, and records of your visits and the... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: I have been involved in a yoyo dealership scam. It's been 2 months and now they want the car back. The dealerships cont

The dealerships contract says they have 10 days. The bank says the dealership called and canceled the financing after the bank said they had to repair the windshield before they would close the deal

Angelo "Tony" Marino Jr.
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answered on Dec 11, 2023

If the contract with the dealer says the dealer has 10 days to cancel the agreement and 2 months have passed before it decided to cancel because they did not want to fix the windshield, I think you have a binding agreement. Of course, this answer is based on what you have stated as fact.

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: How much should I sue for in small claims court for false advertising?

I recently did a program with a company that offers a $1000 prize in a variety of gift cards or in a Paypal or Cash App transfer. They try very hard to avoid paying but I documented and screenshot everything. I have confirmation in writing from their customer service that I wanted to receive my... View More

Angelo "Tony" Marino Jr.
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answered on Nov 29, 2023

Taking everything as true, you would have a claim for unfair and deceptive trade practices and breach of contract. You can claim $1000 and let the company say it is worth less and let the judge decide. This is a small claims case.

1 Answer | Asked in Consumer Law and Criminal Law for Florida on
Q: Fedex delivered me multiple packages that I was helping a friend with. 1 wrong package.

Fedex delivered me multiple packages that I was helping a friend with. Within the 5 packages I received, one wasn't supposed to be delivered to me but I didn't realize it because they all looked the same. have them all to my friend when he came and he traveled back to his state.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2023

Don't necessarily believe what the FedEx driver told you about a search warrant. It's really none of her business. But if Homeland Security does get a judge to issue a warrant, simply tell them, as you indicate, that you don't have the package. Be ready for them to search your premises.

1 Answer | Asked in Consumer Law for Florida on
Q: Is there cause for a lawsuit after my experience at McDonald’s the other night? Employee at speaker was extremely rude

I went through drive through to get my child a free happy meal with my rewards. She was extremely rude as I order, after placing my order I proceeded to the 1st window (used for payment but a high percent of the time I’m told to skip this, if I don’t need to pay or I paid through the app... View More

James L. Arrasmith
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answered on Nov 19, 2023

I understand your experience at McDonald's was distressing, but the situation you described may not provide strong grounds for a lawsuit. In legal terms, for a lawsuit to be viable, there typically needs to be demonstrable harm or damage. Rude behavior from an employee, while certainly... View More

2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: How do I stop a writ of garnishment?
Charles M.  Baron
Charles M. Baron
answered on Nov 11, 2023

That depends on your facts and the type of garnishment. One issue is whether you are eligible to file a claim of exemption (for example, under one of the categories mentioned in Fla. Statutes Sec. 77.041). If not eligible, the options include trying to work something out with the creditor or... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: Can you explain 715.02.

Does statue 715.02 say a seller can not use a vehicle deposit for tow losses or other, from spot delivering a vehicle when financing fell through and or the seller failed to give a written receipt for the deposit?

Also if a Auto Sales office requests the return of a car, how much notice... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 8, 2023

Florida Statute 715.02 has nothing to do with deposits made on purchases of motor vehicles; it pertains to real property (i.e.: land & buildings).

When you reinstated your insurance, did you immediately notify the dealership?

2 Answers | Asked in Consumer Law and Elder Law for Florida on
Q: I have dali lithographs from Center Art Gallery. Are they worth anything?

Purchased Dalis in Honolulu in the 70's/80's also Chagall - Homage to Marc Chagall. Will they appraise?

Angelo "Tony" Marino Jr.
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answered on Nov 6, 2023

A civil trial lawyer would be the kind of lawyer you need but someone who specializes in gender law. I would call your homeowner's insurance company to see if they will provide a lawyer to represent you.

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1 Answer | Asked in Consumer Law for Florida on
Q: I need to understand my legal rights when disputing an incomplete credit card charge.

I need to understand my legal rights when disputing an incomplete credit card charge. I engaged in a mentorship for consultation but received only 1 hour due to identity theft. The mentor requested sensitive information via a Promissory Note, and I subsequently requested a refund for the remaining... View More

T. Augustus Claus
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answered on Nov 1, 2023

You have the right to dispute the incomplete credit card charge for the mentorship you received. The fact that you received only one hour of mentorship due to identity theft and that the mentor requested sensitive information via a Promissory Note are both valid reasons for disputing the charge.... View More

1 Answer | Asked in Consumer Law for Florida on
Q: How do i get money back for company that billed me through credit card and debit card
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answered on Oct 31, 2023

I assume you were wrongly billed by a company that used both your credit and debit card. If that is the case, I would first contact your credit card and your debit card company to report the wrongful and illegal charges and that you object to the charges. If that doesn't work, then you should... View More

3 Answers | Asked in Bankruptcy, Consumer Law and Estate Planning for Florida on
Q: Will creating a trust for protection of personal assets also protect the beneficiary from a bad credit history?

As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More

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answered on Oct 30, 2023

There is such a thing as a self-settled spendthrift or asset protection trust, but many states do not allow them. Also, typically the settlor (you) cannot also serve as trustee of the trust. In other words, you would not have signature authority over the assets that you put in the trust. And,... View More

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1 Answer | Asked in Consumer Law and Gov & Administrative Law for Florida on
Q: I have been trying to get my title from a now closed Car company.They have sold the company to someone else.

I have been getting no where as to receiving my title and now they want more money.How can I sue them to have the courts deem me to be the owner?

James L. Arrasmith
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answered on Nov 9, 2023

You have the right to seek legal recourse if you believe a company has not fulfilled its obligation to provide you with a vehicle title. Consider gathering all pertinent documents, including sales contracts and any correspondence with the company, as evidence of your ownership claim and the... View More

1 Answer | Asked in Contracts and Consumer Law for Florida on
Q: I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of

I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of signing contract i also sold them my car that has a payment still needed. They did not give me any paperwork that i signed with them one being power of attorney

They are... View More

Angelo "Tony" Marino Jr.
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answered on Oct 25, 2023

The devil is in the details. A lawyer will need to look at the agreement you signed. This sounds like a yo-yo sale, which means they sold you the vehicle and now want to renegotiate the loan. This is an unfair and deceptive trade practice. Very, very seldom is a dealer willing to let a vehicle... View More

2 Answers | Asked in Tax Law, Consumer Law, Contracts and Real Estate Law for Florida on
Q: does the court notify parties if there is a motion to dismiss and give an opportunity for a hearing or does an answer to

a motion to dismiss need to be filed with the court first? thank you

Angelo "Tony" Marino Jr.
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answered on Oct 24, 2023

The party filing the motion to dismiss must send all parties the motion to dismiss and the notice of hearing. This is usually done on the court's e-portal. Make sure you have signed up with the court's e-portal. If you are not on the e-portal, the other party should send it by mail to you.

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2 Answers | Asked in Consumer Law, Real Estate Law, Tax Law and Civil Litigation for Florida on
Q: “Having fully answered, defendant prays that the complaint be dismissed at plaintiffs cost”is what lawyer put in the

First paragraph while answering my complaint individually. Is that just a game they’re playing because I looked up some of their other cases and they say the same thing or is it a real motion that I need to defend?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2023

It appears to be a motion to dismiss. While they may put that language in many such motions, that fact doesn't make it any less a motion which you need to address.

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1 Answer | Asked in Consumer Law, Real Estate Law, Tax Law and Municipal Law for Florida on
Q: if a defendant asks for the complaint to be dismissed at the beginning of the answers and setting their defenses is ther

anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date?

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answered on Oct 23, 2023

I am not exactly sure what you are asking. I am assuming that a defendant has moved to dismiss a complaint, but I do not know if the motion was granted. A hearing on the motion to dismiss is heard before a judge. One can respond to the motion to dismiss in writing or just orally at the hearing.... View More

2 Answers | Asked in Consumer Law and Collections for Florida on
Q: Next steps after receiving zombie debt notice

I live in Florida, and received a debt validation notice trying to collect on an alleged debt with a Florida based credit union (presumably alleged credit card debt), saying the "debt is now owned by [collection agency's name]". Notice states their info shows a balance dated April... View More

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answered on Oct 22, 2023

The statute of limitations for written contracts is 5 years in Florida. However, most agreements state in which what state the laws apply to the agreement. Having said that, I am not aware of any state where the statute of limitations exceeds 10 years.

I would send a cease-and-desist...
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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Tax Law for Florida on
Q: do interrogatories have to be served by sheriff or can they be emailed to the defendant or served on myfloridacourtacces

can the myfloridaccess.com be used to serve interogatories?

Charles M.  Baron
Charles M. Baron
answered on Oct 20, 2023

After initial service of process (serving of summons and complaint), there are only two permissible methods of serving ANY DOCUMENTS, including interrogatories (unless you obtain a court order allowing some other method): (1) sending a hard copy by mail or hand-delivery, or (2) using the Fla.... View More

2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Pool builder is asking that we pay for permit to be extended. Purchase agreement states permits & NOC included.

The permit was originally issued 8-13-21 and expired 10-19-2023. The pool contractor contacted me 10-19-2023 asking for the renewal fees to be paid quickly because fees will double 10-24-23. They are blaming us because we had asked that the equipment installation scheduled 6-27-23 to be pushed... View More

Angelo "Tony" Marino Jr.
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answered on Oct 20, 2023

The question you have to ask yourself is do you want to stand on the contract and possibly have your pool delayed more or do you want to get it completed. It seems that more than 2 years to complete the work is a long time. I do not know what the normal time is in Ft Lauderdale to complete a... View More

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