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Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Florida on
Q: I’m currently being subject to a yoyo car deal I left with the car 15 days ago

I left with the car 15 days ago they called on the 11th day and said the deal didn’t go threw because I missed signatures when signing so I went and then was told the bank declined the deal and they would keep trying and now the are trying to still work a deal but when I left that day I believed... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Apr 15, 2024

The devil is in the detail. Yes, this is a YO-YO fraud claim, most likely. But look at your paperwork to see what it says about financing. I suggest you consult with a consumer lawyer.

1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Elder Law for Florida on
Q: Checked into a hotel after major surgery on my foot and now I'm being told I have to move rooms every 21 days

I moved into this hotel after major surgery on my foot because of medications that I was going to be on and didn't think it was safe for me to be alone at home I ended up staying here because I lost my apartment and so now they're making me move every 21 days and I have pins and screws in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2024

A hotel is not a rehabilitative facility. Nobody knows what this lease says; you need to take it to a lawyer.

1 Answer | Asked in Consumer Law for Florida on
Q: Is there a fund or something if a home inspector missed something quite significant on a 4pt inspection?

I was buying a house AS-IS w/ right to inspect. I bought a 4pt inspection. I just found out the inspector failed to report aluminum and cloth wiring. About $25-30k to correct. I would not have bought the house had I known about the electrical situation.

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 6, 2024

You can file a claim with his insurance company

1 Answer | Asked in Consumer Law for Florida on
Q: Can I sue JCPENNEY for selling fake Jewelry?

My husband spent almost $400 on what he believed was sterling silver Jewelry set as a birthday gift for me. The day after my birthday I brought it to jcpenney because the ring needed to be resized. I was told I needed to send the entire set in together in order for the ring to be resized. So... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2024

You probably should contact the attorneys for the plaintiffs in the class action lawsuit.

1 Answer | Asked in Consumer Law and Civil Litigation for Florida on
Q: Can I sue a website/app if they don't uphold their own policies?

There's a website/app that deals in auctions. Their most popular auctions are for Trading Card Breaks, which is gambling. In most of these auctions, it works by winning a bid and then getting a sports team randomly selected for you. When all teams are picked for a given sport, they begin to... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Feb 20, 2024

Before I attempt to answer the question, can you provide the website.?

1 Answer | Asked in Consumer Law for Florida on
Q: I’m currently working on my credit. I’ve always paid cash for everything. I have a low score. Continues below

Im in debt a little over $14,000. This includes my vehicle which I still owe $8000.00 which I make monthly payments. Do I qualify for bankruptcy. What is my best avenue to correct my credit??

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Feb 1, 2024

I am not a Bankruptcy lawyer, but Bankruptcy will destroy your credit for at least 6 years. You will lose all credit cards and the ability to get credit and buy on credit. Find a way to pay off your bills.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for Florida on
Q: Q: falsely arrested for GTA in U-Haul rented in my name. Person b4 me didn’t return they reported stolen nvr noti police

Q: falsely arrested for GTA in U-Haul rented in my name. Person b4 me didn’t return they reported stolen nvr noti police

Less than a year ago I was pulled over and arrested for being in possession of a stolen vehicle. I had rented a U-Haul that apparently the people before me never... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Jan 5, 2024

Assuming everything you reported is accurate, you would have a claim against U-Haul, if not others. You need to contact an attorney to handle this.

1 Answer | Asked in Consumer Law for Florida on
Q: WESTLAKE FINANCIAL IS DISCONTINING MY LOAN DUE TO A FIRST PAYMENT THAT WAS LATE BY 15 DAYS. I NEVER SIGNED ANY DOCUMENTS

OR WAS TOLD ABOUT THIS. IT WAS OVERSIGHT AND NOW DEALERSHIP WANTS TO TAKE CAR BACK AFTER ALL THIS . I AM IN FLORIDA BUT CONTRACT IS IN GA. I ALSO PUT DOWN 3K

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Jan 4, 2024

It is a typical Westlake buyback. The dealer's recourse agreement lets Westlake send back a deal if there is a consumer default in the first 90 days.

The dealer is now the secured creditor, and they have to comply with Article 9 (assuming the car was titled in the consumer's name).

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.
Angelo "Tony" Marino Jr.
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.
Angelo "Tony" Marino Jr.
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.

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 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 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.
Angelo "Tony" Marino Jr.
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
Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
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

Nina Whitehurst
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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 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.
Angelo "Tony" Marino Jr.
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.
Angelo "Tony" Marino Jr.
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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