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Florida Consumer Law Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Insurance Bad Faith for Florida on
Q: public adjuster Terms of engagement violation affect on validity of service agreement? Florida statute 626.8796

adjuster solicitation via email no license no and name not same as licensed name

Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2020

You might get an answer if you use sentences and ask a question.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Gaming for Florida on
Q: Can I sue a scam app???

If an app advertises winning real money, and they really don’t pay out to anybody, would that be a good reason to sue for false advertising. Especially if someone spent money on in game purchases and got nothing out of it?

Jonathan E. May
Jonathan E. May answered on May 28, 2020

It appears very likely that they were committing fraud and you were damaged by that fraud. I encourage you to sue them and report them to police authorities.

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Gov & Administrative Law for Florida on
Q: what are my options once contract signed for car loan process, same day dealer drop price and continued advertising new

After singing and in processing used car loan agreement contract, in the same day local tampa bay dealer drop car price continue advertising price drop. Am I entitled to new car price drop, even loan contract signed,send forbank approval?? what are my options. Thanks,

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

The (amazing) fact that the dealer lowered the price on the same used car that you were purchasing that same day has nothing to do with your transaction. The written contract you signed was complete when signed.

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1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Constitutional Law for Florida on
Q: Hi I had a question about my rent during this time.

My landlord is doing some shady things I live in a apartment complex ran by a slumlord and I looked into the cares act and know that I cannot be evicted for the 120 day period due to the loan being federally backed, they also are legal not allowed to charge late fees to my understanding, or send... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2020

From what you relate it could be possible that one or more of your neighbors have cause to seek legal assistance; but you state no facts about yourself, so I cannot answer.

2 Answers | Asked in Business Law and Consumer Law for Florida on
Q: Event was postponed to 2021. Based on festival terms, it can be postponed without a refund. What said US law about this?

My bank rejected my chargeback based on the festival host t&c. I'm not a USA citizen. I live in Europe.

Stephen Arnold Black
Stephen Arnold Black answered on May 4, 2020

Parties to a contract have the right to negotiate terms relating to unforeseen events; and how any risks associated with said events would be assumed by the parties. That being said you should retain counsel to fully review the contract to determine your rights and make attempts to negotiate a... Read more »

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1 Answer | Asked in Consumer Law for Florida on
Q: I filled out A Florida fact information sheet two months ago sent certified mail.The lawyer request another fact sheet.

They sent the same paperwork they sent the first time does the judge need to approve additional request or can they send a request every two month?

Can I send the original fact information sheet if nothings changed? Sending the same fact information sheet every 2 month seems unreasonable... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 2, 2020

if the judgment required you to complete a fact information sheet, you have done so. If they want more they need to get another court order to that effect.

3 Answers | Asked in Consumer Law, Contracts and Criminal Law for Florida on
Q: Can I bring criminal charges against a company for theft for not returning my deposit?

The company is located in Florida; I am located in Texas. I sent in a deposit and 2 days later, I called to cancel. The company confirmed they would return my money but to date, I haven't seen a penny after 30 business days. Can criminal charges be brought on the individual/owner for theft.

Jonathan Blecher
Jonathan Blecher answered on Apr 24, 2020

This sounds like a civil matter, and unless an unreasonable amount of time passes, with no reply, you could consider filing a police report. However, you should exhaust your civil remedies first.

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1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: Practically new oil filter gasket came loose and caused engine damage... how to proceed?

My daughter recently had a major repair done to her car in Colorado. They also did an oil change. She drove to Florida with no problems. During some in-town driving in Florida, her car suddenly lost power, the door locks and radio controls were not working properly and it seemed to be an electrical... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 15, 2020

Yes, contact an attorney in Colorado; the case would probably have to be brought there.

1 Answer | Asked in Consumer Law and Child Support for Florida on
Q: So if I have two baby mothers and the second one files first does she get majority?

The second one filed a paternity test against me it’s not set in stone yet that the baby is mines I am not on child support with my first baby mother which we have two kids together I want to know if the baby is mines should I have my first baby mother apply so the second doesn’t take all the money

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 13, 2020

In calculating the amount of child support you will be required to pay, the child support you owe on account of the other children will be taken into account. Just be sure they know about the other children.

1 Answer | Asked in Consumer Law for Florida on
Q: can a car loan company garnish wages with court order judgement
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 10, 2020

If the company has a judgment, of course it can obtain a writ of garnishment on wages.

1 Answer | Asked in Consumer Law, Real Estate Law, Banking and Civil Rights for Florida on
Q: COVID 19 Reporting to Credit Agency and Negatively affecting borrower after being promised it would not be.

A lender reported to credit agency during COVID 19 Forbearance. It negatively affected a refinance and canceled closing. I was informed it would not be reported and would not negatively affect us in anyway since we are current. Did they break law reporting it and affecting my refinance that was... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Apr 10, 2020

From the Consumer Finance Protection Bureau:

Credit reporting under the CARES Act

The recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act places special requirements on companies that report your payment information to credit reporting companies. These...
Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: can a car loan company garnish wages without a court order judgement
Phillip William Gunthert
Phillip William Gunthert answered on Apr 10, 2020

No, they must go through the court system and file a lawsuit and win a garnishment judgment.

1 Answer | Asked in Consumer Law for Florida on
Q: can money be claim from car dealer over misinformation over warranty

my nephew had a situation with his car in which he was told that he no longer had a warranty on his vehicle for repair. It turns out he did, but not after he had paid for the repair which by the way was not done right and continues to have car trouble. My question is; can he claim his money or sue... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 9, 2020

Contact the entity responsible (the dealer or, more likely, the manufacturer) under the warranty and request reimbursement for the work as well as proper repair.

1 Answer | Asked in Consumer Law, Identity Theft and Tax Law for Florida on
Q: Do you take cases about tax refunds ? This company i filed with stole my identity and my tax refund. And i didn't sign

And i did not sign my tax return they filed

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2020

No. The amount of money involved is not enough to warrant hiring a lawyer. Call the IRS and report this theft.

1 Answer | Asked in Consumer Law and Environmental for Florida on
Q: What is the allowed distance between signs notifying me of pesticide application in a complex of about 100 homes?

I live in a condo and the association hires a landscaping company that sprays pesticide everywhere. I saw them applying it yesterday but found only one small sign in front of one of about 90 homes that are spread out over about 1/4 mile. This seems insufficient to warn consumers to stay off the... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

You could check with the state or local agency that administers pesticide applicator licenses. In many states, it falls under the control of environmental or agricultural agencies. In Florida, it might be the Department of Agriculture and Consumer Services. If it's not under them, check with... Read more »

2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for Florida on
Q: Can my apartment complex refuse to accept payment by checks "due to Coronavirus"?

The lease states that payment by check is one of the accepted payments methods. The office states they are no longer accepting payment by check, citing concerns over Coronavirus. However, they are open by appointment to show you "in person" how to work the online payment system (where you... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 23, 2020

If your lease states that you are allowed to pay by check then the landlord must accept checks. However, there is really nothing you can do except pay a lawyer a bunch of money to sue the landlord--but what are your damages? Zero.

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1 Answer | Asked in Business Law, Consumer Law and Stockbroker Fraud for Florida on
Q: With 401k rollover, does the company have the right to keep my money invested after i already requested rollover

The amount stated that I can rollover on the day i finalized my request did not match the amount on the rollover check given. It was 2k less.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 23, 2020

If you withdrew money too early they probably withheld taxes.

1 Answer | Asked in Consumer Law, Criminal Law, Small Claims and Products Liability for Florida on
Q: If somone where to charge someone’s credit card without there permission or Pryor authorization what would happen

If someone charged my visa credit debit card without Pryor authorization the amount being $700.00 usd what could would should happen to said person?

Jean Richardson
Jean Richardson answered on Mar 6, 2020

The person can be charged with fraudulent use of credit card. You should immediately notify your credit card company if your card was fraudulently used. In addition, you can contact the local authorities if you desire prosecuting this person.

1 Answer | Asked in Consumer Law for Florida on
Q: my father died and i had been paying the credit card companies but now the well has run dry and there are no more funds

how do i let the credit card companies know that there is no more money to send to them

Phillip William Gunthert
Phillip William Gunthert answered on Mar 5, 2020

Very sorry for your loss on the passing of your father, please accept my condolences at this sad time for you and your family. Unless you cosigned those credit cards you have no responsibility for them whatsoever. They will either get paid as part of a probate (if there is one), or they will not... Read more »

1 Answer | Asked in Banking, Consumer Law and Real Estate Law for Florida on
Q: In Florida can you get a mortgage in one name and have joint ownership on the deed?

We are not married.

Seril L Grossfeld
Seril L Grossfeld answered on Mar 2, 2020

Although this is possible, the lender would probably want both title holders to execute the mortgage, which agrees to the lien being on the property and only one of the owners signs the promissory note associated with the mortgage which is the agreement to pay the money secured by the mortgage lien.

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