Florida Consumer Fraud Legal Questions

Depends on why the vehicle was returned. If it was a "voluntary repo" and the car was sold "as is" this could be a big problem. It may help, however, if the contract does not state that the deposit is non-refundable, to at least argue the point. Unfortunately, this will likely be a contract lawsuit that you may have to retain an attorney for at your expense to resolve. You should also be aware that simply "turning in" the vehicle does not relieve you of the contract/promissory note obligations, since the dealership may treat this as a reposession and seek to collect a deficiency balance, on top of having the car, and the deposit.... Read More

Typically no, it is up to the consumer to investigate wheher they are getting a "good deal" prior to making it. The exception to this is if the transaction is waaaaaaayyyy out of line or if the consumer is in a protected vulnerable class like the elderly. Byexample, 70 y/o lady hires AC contractor for yearly maintenance, who then tells her that her motor isnt working right (when it is) could start a fire if not replaced immediately or require much larger repair (scare tactic)and then charges $1,900.00 for a motor that most other A/C people would charge a customer  $285.00 for. This fact pattern would likely be an unfair or deceptive practice. In contrast, a customer charged $1,900.00 motor, that he later finds on internet for $285.00 cost, is more problematic, as consumer is not entitled to get products at cost from AC repair people any more than other businesses, like grocery stores,auto repair places, hospitals etc.... Read More

Usually by subpoena for deposition. Bigger question is whether you may have an issue where you could subject yourself to sanctions for such a case if you dont already have legally proper support for such allegations or damages. You should be very very very cafeful with such claims as fraud  and gross negligence are extremely difficult to prove.... Read More

Since the Supreme Court has already ruled upon the Constitutionality of the Affordable Care Act (i.e. "Obamacare"), the likelihood for success in such a law suit is not very high.  Your best chance would be to contact a group such as the American Center for Law & Justice (www.aclj.org) who might be willing to pay for this kind of litigation.... Read More

You may want to retain an attorney to help you address this issue, even though it may cost you some money "out of pocket." Most people wait until its too late to hire attorney's to help them, usually to "save money." If these people are fraudulent, dealing wth them on your own can often cost you far more especially if you bought a used car and get stuck with a seriously damaged vehicle unwittingly. We do handle these type of cases. You can call 1-800-922-6442 for a FREE in office appointment. ... Read More

If your insurance company agrees you have a good case, then perhaps they will pay for a lawyer to aid you in recovering the damages at issue or to reimburse thier payments through "subrogation." I  dont share your view that you "have a good case" because fraud cases are extremely hard to prove, and much of what you described is likely "he said/she said" type things in the face of what is typically an "as is" sale. Unfortunately, this is a classic issue where a contingent fee is not likely to be available, and i would be sceptical of hiring a lawyer who would make such arrangements, unless he can clearly explain to you why he is willing to risk never getting paid for his legal work to take your case. ... Read More

Sounds like you have several issues to look at, which invovles trying to undo the deal, and you will likely need an attorney to help you with this. However, this will typically involve hiring the lawyer at an hourly rate and retainer. We do provide this type of representation. 1-800-922-6442.... Read More

Can be. Ironically, you could actually run afoul of several collections laws in Florida that may apply to you as a "consumer debt creditor". You're best bet is to either file suit and have him prosecuted criminally  for the fraud you claim he did or just let it go and move on. Pissing contests on Facebook are just that, they solve little and simply escalate the emotions for no real purpose. In the future, you should be aware that no one can "guilt you" into anything. That is simply a choice you make, absent having some psychological defect that would render you incompetent. I say this to you as many people make poor decisions in relationships or money issues and attempt to seek solace in claiming victim status. This commonly becomes the focus of diffulty in seeking various remedies if the allegations aren't consistent. More importantly, this often leads to repeat conduct because the bad decision making is never acknowledged or corrected.... Read More

If this happened in Florida, you will need to contact a State Attorney in the county where this happened and file charges to have your son arrested and prosecuted for ID theft and bank fraud. Unfortunately, there is no real practical option of the bank giving you back your money in exchange for an explanation alone, as what occurred as you described is criminal and they will be reluctant to treat it as such unless or until you do. They are rarely responsive to the "I just want my money back but dont want my son to go to jail" or "they can just get the money back from my son" type requests. You may need also sue your son in a civil suit to try and recover the money or some portion of it. Sadly, unless he is very wealthy, this woud involve you hiring a lawyer at an hourly rate and retainer, and not a contingent fee where the lawer gets paid a % of what he recovers.... Read More

You should contact an attorney to address the time share issue first, as its more important assuming you STILL owe them money on the deal. What you have run into is a "buyers remorse" issue and not a fraud issue. You typically can no more stop credit card charges you authorize any more than you can stop payment on a check after a purchase without repercussion. The CC company is usually responsibile for unauthorized transaction/fraud use of your card, not change of heart. In event, you may still need to deal with what may be a contractual agreement for your timeshare that you sound like you signed up for.  "Bad feeling" after the fact is not a legal basis to get out the deal, BUT if your bad feeling has some factual support like fraudulent activity by Timeshare people, you need to address it right up front before you get stuck.... Read More

Is there a question you are asking? I assume you want to know if its permissible? First thing to to determine where the time frame is that they are addressing. Usually this is part of the terms of your account agreement. Why did it take you60 days to discover this? Presumably you got either NSF notices or could see the transactions in your account either during or at the end of the month.... Read More