Florida Consumer Fraud Legal Questions

You are probably not going be able to use failure to include a bimini top that you already replaced as a basis for rscinding the purchase. You can try but it will likelt be a very expensive lawsuit effort with low success rate.You might be able to sue for the cost of the bimini top if it was listed in the sales docs and not provided but it might not be worth the invesment in legal fees to do so. ... Read More

You DO realize that most litigaton lawyers charge $300+ an hour right?and Filing fees even for small claims court likely cost that much or more? While you might want to spend the money to sue for "specific performance" to make him provide what was agreed and paid for, if the value of that is worth spending thousands of dollar in legal fees to enforce because it will make you famous to or somehting along that line. Otherwise, this was handled poorly on your part and the cost of learning to do better is $325.00... Read More

Sorry to hear you’re going through that.  Unfortunately, it isn’t a terribly uncommon situation.  In fact, that's why there are FL statutes that address it.  Most repair shops will fall under the Florida Motor Vehicle Repair Act.  The Act dictates certain things the shops must do and also what notifications they must give you about the work they plan to do and have done, etc.  Without discussing the details of all of your interactions and reviewing the paperwork you received, it is impossible to say whether or not you have a case (and therefore whether or not you have a strong or weak case).  It does sound like you certainly may have a cause of action against the shop.  If you would have a cause of action against the shop, it is important to take the right steps and to be aware of certain things like statute of limitations.  I would advise seeking a consultation with a civil litigation attorney, particularly one with some experience with the FL Motor Vehicle Repair Act.  You mention consumer fraud, and there is also an act that deals with deceptive practices.  It is a little more difficult to bring a successful fraud claim, but it all comes down to the details.  Many civil litigators offer free consultations, too, so even if you choose not to hire a lawyer, at least you’ll know all of your options.... Read More

This is likely am issue of confusion or mistake as opposed to "fraud" as a starting point. Regardless, you may be able to seek "recission" of the agreement. If the selller will not agree t this voluntarily,you will likely need to retain a lawyer at some expense to intervene and address this accordingly.... Read More

This may be a Fla. Stat. 501.976 or TILSA violation depending on how all this occurred.If you don't want the warranty, presumably you can contcat the warranty company in the meantime and at least recieve a partial refund. If the dealer won't address this you may need to hire a lawyer to sue them for a refund or damages and to determine what actually happened with the paperwork.... Read More

"Puma claims they do not exist & this has caused major problems for me i just need to ask questions and if possible seek help" Histrionics are simply not useful in legal issues. There are no "major problems" for you over this - period. That stated, its simply not worth the legal expense to address an online pair of shoes....as demonstrated by presuably your unwillingness to spend $400.00 an hour to ask a lawyer all the questions you need to that are specific to your issue. This is the risk of buying online, just as the same buying at a flea market or roadside stand. This is most likely a lesson learned in the perils of convenience. ... Read More

"I am a disabled veteran an don’t have the best ability to think."  This issue esentially eliminates any credibility you would have in a "they told me that....." type of case. Additionally, 99% of banking institutions send various forms of monthy statememts on such accounts, so there was likely numerous opportunities for you to address this issue if there was a misunderstanding. You can also review your account documents as they will say in writing how charges are assessed or waived for certain balances. If you have issues maintaining your accounts due to thinking difficulties, you may want to consider having someone you trust appointed as guardian or at least assist you with such issues. ... Read More

Hmmmmm.....there is a lot missing from these facts, starting with you being foolish enough to believe the dealer claiming "you bank reconsidered" on a pre-approval letter, without you even contacting the back to verify thats true. That stated there may be any number of TILA or Fla. Stat. 501.976 type violations here that could be used to seek whats called recission. The issue will be your willingness to spendmoney onlegal fees to try and undo the deal you made. ... Read More