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Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Insurance Defense and Civil Litigation for Florida on
Q: Gap insurance claim denied, credit union lawsuit after total loss

I experienced a total loss of my vehicle, but my gap insurance is refusing to pay the claim because I filed it a year later. I initially thought the dealership would handle it automatically with the credit union that financed my car, as they didn't instruct me about the process. Now, the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 19, 2025

The gap insurance carrier is a completely separate company from the dealership, and the dealership is not your agent. The way to address the situation is to bite the bullet and contact the law firm that filed the lawsuit (or the credit union directly if the credit union filed the lawsuit on its... View More

2 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Florida on
Q: Is it legal for a landlord to cancel lease renewal due to a child turning 18 soon?

My rental agreement is up for renewal in July, but my landlord usually starts posting renewal reminders on the door in early June. I've lived here for 9 years and typically sign the lease within the first two weeks of June. This year, after setting an appointment for June 10th to sign my... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 11, 2025

Legal. This is a business decision that is very smart on the landlord's part. Once your daughter turns 18, she is a legal adult. That changes the nature of your lease from "mom and dad and child" to "3 adults" living in the apartment. You may not see it that way at all, but... View More

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2 Answers | Asked in Consumer Law, Civil Rights and Gov & Administrative Law for Florida on
Q: Vehicle fully paid off, re-added to credit report without documentation. Formal demand letters met with threats. What can I do?

In February, I had a contract agreement with a company related to a vehicle, which was paid off and removed from my credit report as closed. In April, the company re-added it to my credit report, claiming a reversal of payment, without providing documentation for the reversal or details of the loan... View More

Maite L. Diaz
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answered on May 30, 2025

You’re describing a troubling situation. If a company is re-reporting a paid-off vehicle loan without providing proper documentation and is threatening you for payment you don’t owe, it may be violating several federal and state laws.

First, under the Fair Credit Reporting Act (FCRA),...
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4 Answers | Asked in Consumer Law and Real Estate Law for Florida on
Q: Seeking options to recover a timeshare investment from Hilton Vacations after losing it due to unpaid maintenance fees in Florida.

I purchased a timeshare from Hilton Vacations, paying over $60,000 upfront. After my husband passed away in 2017, I struggled to pay the annual maintenance fees, and Hilton Vacations seized the property due to non-payment. The agreement was prepaid in full, and Hilton did not seem interested in... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 15, 2025

Timeshares are just like any other community association in the State of Florida. They all have maintenance fees (also known as dues or assessments). These must be paid in order to keep the property. The timeshares and all other types of associations foreclose on these properties just like a... View More

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Q: Received cease and desist from HOA about tenant marijuana use; should I share proof of notification email?

I received a cease and desist letter from my HOA attorney, stating that my tenants have been smoking marijuana, affecting other homeowners. Other homeowners have mostly made verbal complaints, with one formal written complaint. My lease does not specify terms regarding smoking or drug use. I have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 8, 2025

yes, you should share the notice to your tenants. There's no privacy concerns. As the owner of the unit, you are the one whose life the HOA can make most miserable, and financially difficult. It makes no sense to not cooperate with the HOA.

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2 Answers | Asked in Collections, Consumer Law and Insurance Defense for Florida on
Q: How can I prevent a medical debt from impacting my credit report with a collection agency involved?

I was contacted by a collection agency about a medical bill I didn't know existed until recently. After verifying my insurance was billed correctly, I'm aware I owe this debt. I reached out to the collection agency to clarify whether they had been assigned the debt or if it had been sold... View More

Daniel Cohen
Daniel Cohen
answered on May 6, 2025

To prevent medical debt from appearing on your report, you have to obtain written assurance from medical office and the collection agency. Start by asking the collection agency in writing they will not submit the debt to the credit agencies when paying the debt. Second, pay the original creditor in... View More

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4 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Florida on
Q: How to word an email to State Farm for bodily injury policy disclosure after accident.

I was involved in a vehicle accident on January 14, 2025, in which I am not at fault. The other driver's insurance, State Farm, has accepted fault. I am representing myself and need assistance in composing a professional email asking State Farm to disclose the bodily injury policy's... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 27, 2025

A written request for policy disclosure should specify a deadline for when the policy must be provided. This can be done via email or certified letter. Typically, insurance companies respond promptly without issues.

If you’re representing yourself, be aware that any medical treatment from...
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4 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Florida on
Q: How to word an email to State Farm for bodily injury policy disclosure after accident.

I was involved in a vehicle accident on January 14, 2025, in which I am not at fault. The other driver's insurance, State Farm, has accepted fault. I am representing myself and need assistance in composing a professional email asking State Farm to disclose the bodily injury policy's... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Apr 25, 2025

Hi there,

For your State Farm policy email, keep it short and direct. Start with your claim number and accident date (January 14, 2025), then clearly request the bodily injury policy limits disclosure, noting they've accepted fault. Mention your documented injuries (herniated discs,...
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2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Florida on
Q: Who is at fault in a T-bone accident when one car blocks both lanes?

My sister was involved in a car accident where she T-boned a vehicle that was stationed sideways, blocking both lanes on a long road. Despite having the right of way, the police mentioned that she had enough time to stop but miscalculated the distance because the other vehicle was turned sideways.... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 9, 2025

So the police do not determine who is at fault for an accident. The police report is not admissible as evidence of who was negligent. Your sister should retain an attorney here in Florida on contingency fee, which means she pays nothing unless she wins.

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3 Answers | Asked in Banking, Consumer Law and Contracts for Florida on
Q: Can I sue a Miami car dealership and bank for fraud related to a car purchase?

I would like to know if I can sue a bank and a car dealership for fraud. My wife and I purchased a used car at a dealership in Miami, FL on February 15, 2025, and encountered several issues: my last name was spelled incorrectly on the documents; the down payment was recorded as $4,200, despite us... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 3, 2025

You should take your documents to a lawyer right away. We do not have any way of reviewing your purchase agreement and contracts in this forum.

Most used car sales are "as is" and it's up to the buyer to have the car inspected prior to purchase irrespective of what the...
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2 Answers | Asked in Consumer Law, Criminal Law, Products Liability and Personal Injury for Florida on
Q: A legal question for a YouTube video/ documentary I’m making about steroid use

Hi, I’m planning to interview a person who uses steroids and an illegal steroid dealer for a YouTube video. I’ll be blocking the dealer’s face and voice for anonymity. I just want to confirm if it’s completely legal to feature these interviews, or if there are any potential legal issues I... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 28, 2025

From a civil law perspective: Best to get each interviewee's signed consent, specifying in detail exactly what you will do with the video(s), how long the video(s) will be public, and releasing you from any liability in connection with the video(s); otherwise, you are potentially opening... View More

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2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: Financed car issues with dealer and finance company in Florida

I financed my first car and signed the contract on March 4th. The dealer lied and left out important information. Initially, I was told the car was $4,000, but then the dealer said it was $6,000, leading me to finance the car since I only had $5,000. I paid a $3,000 down payment, but the contract... View More

Dominique Young
Dominique Young
answered on Mar 26, 2025

The court is going to look to the terms of the contract first. Whatever you signed on the contract is what the court will start with first in determining what is to be paid and to whom. Anything that you agreed to prior to the signing of the contract, that is not written in the contract, is not... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Florida on
Q: Purchased car advertised as clean title, found salvage with misfiring engine.

I purchased a 1999 Porsche 986 a couple of months ago from a seller who recently moved to Florida from Kansas. He advertised the vehicle as having a clean title and a perfectly running engine. However, I later discovered the title is salvage and the engine started misfiring the night I brought the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 25, 2025

Was there a contract signed related to the transaction or at the very least an email reflecting those terms? If not, you may still have a viable claim against the seller, but it will ultimately be a he said/ she said situation and likely no ability to recover attorneys fees. It may not be a lawsuit... View More

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1 Answer | Asked in Car Accidents, Consumer Law and Insurance Defense for Florida on
Q: Received $1800 invoice for damage after rear-ending a rental car.

I was driving a rental car and rear-ended another driver who was also in a rental—specifically, a loaner from a dealership. The damage appeared minimal at the time, and we exchanged information. Recently, I received an invoice for $1800 from a body shop regarding the other driver's vehicle.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Florida attorney could advise best, but your question remains open for a month. I'm sorry about your accident. I hope all involved are okay. A starting point could be to review the terms of your rental and what it covers in terms of property damage. Based on the facts the post, it isn't... View More

2 Answers | Asked in Banking, Real Estate Law and Consumer Law for Florida on
Q: Can a lender change lien position without owner's authorization in Florida?

I have a Home Equity Installment (HEI) that was in the first lien position on my property. Recently, I discovered through emails that my mortgage lender instructed my homeowner's insurance agent to change their position to first lien without notifying me or the HEI company. No Subordination... View More

Anthony M. Avery
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answered on Mar 17, 2025

Whichever lender filed their security instrument first has priority unless there is an executed subordination agreement recorded. Hire a FL to search the title and determine your title's exact status. Such a so called "HEI" mortgage is almost always second or third in priority, as... View More

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2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Can I sue for unresolved flooring defects under warranty in FL?

In October 2024, I notified the company of a defective section of flooring in my house under warranty. The warranty covers repairs and replacements for one year. Despite numerous telephone conversations—eight in total, with the last on March 4, 2025, when the manager assured me that repair work... View More

Erik A. Perez
Erik A. Perez
answered on Mar 17, 2025

You may pursue a claim for construction defects and other causes of action that may apply. However, you must first comply with the pre-suit process under the statute which requires that a notice and opportunity to repair be provided to the contractor. Chapter 558 specifies "the notice of claim... View More

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1 Answer | Asked in Collections and Consumer Law for Florida on
Q: Should I pay charge-offs for a credit card and personal loan in Florida?

I have charge-offs related to a credit card and a personal loan. Creditors have contacted me, but I have not received any settlement offers. I believe these charge-offs are affecting my credit score, and I previously consulted with a financial advisor, but I was not satisfied with their advice.... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 11, 2025

Probably not, those are probably uncollectable debts based on how old they are and whether the statute of limitations has expired on them and whether a lawsuit was or will be filed if they are not past the statute of limitations will matter. If you decide to settle them, you need to negotiate how... View More

3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

Mitchell Feldman
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Mitchell Feldman
answered on Mar 10, 2025

You do have a claim for negligence. Medicaid will have a lien on the recovery, and generally in any personal injury case, the insurance carrier, medicaid or medicare have liens on the recovery. I think time is of the essence. Generally the homeowners insurance should provide some level of... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

James Clifton
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James Clifton
answered on Mar 10, 2025

Yes, you have a case. If the cord was in a location where you couldn't reasonably expect it, or it wasn't clearly visible, this could be considered a hazardous condition that your friend was responsible for addressing. You definitely want to work with a premises liability attorney.... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 10, 2025

Yes, I think you have a claim. Your claim would be stronger if you took a picture to show that the cord was concealed or hidden from obvious view. However, that would not be indispensable for you to pursue a claim. You should retain an attorney on contingency fee here in central Florida, which... View More

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