Florida Consumer Fraud Legal Questions

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297 legal questions have been posted about consumer fraud by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include consumer law, identity theft, and lemon law. All topics and other states can be accessed in the dropdowns below.
Florida Consumer Fraud Questions & Legal Answers - Page 3
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Recent Legal Answers

Not sure why this is an issue 1 year later, but you would simply contact local law enforcement and file a complaint. 
Not sure why this is an issue 1 year later, but you would simply contact local law enforcement and file a complaint. 
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 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... 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
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?... Read More
UNless there was a written warranty - this is all a verbal "he said- she said" case that wull cost more than the $2,000.00 at issue to file a lawsuit over. You will likely have to just pay the expense fo the repairs as thats the risk you take buying a iused car. 
UNless there was a written warranty - this is all a verbal "he said- she said" case that wull cost more than the $2,000.00 at issue to file a lawsuit... 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
Sorry to hear you’re going through that.  Unfortunately, it isn’t a terribly uncommon situation.  In fact, that's why there are... Read More
Being at "a disadvantage" or "a loud environment" is not a basis to avoid the consumer responsibility of reading and understanding what you sign and agree to. The remedy is not to sign and to look elswhere for more accomodating company.
Being at "a disadvantage" or "a loud environment" is not a basis to avoid the consumer responsibility of reading and understanding what you sign and... Read More

Car caught on fire

Answered 7 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Could have several potential claims depending on WHY the car caught fire. 
Could have several potential claims depending on WHY the car caught fire. 
It makes no sense that you would rely on a car dealer to tell you about what car insurance you have or need to maintain for a finance agreement. Its your job to maintain the proper insurance coverage andif you dont thebank will get "forced coverage" andbill you out the wazoo for it. 
It makes no sense that you would rely on a car dealer to tell you about what car insurance you have or need to maintain for a finance agreement. Its... Read More

Rental car company

Answered 7 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
She may need to hire a lawyer to help her with an FCRA dispute and potential lawsuit. 
She may need to hire a lawyer to help her with an FCRA dispute and potential lawsuit. 

We need help

Answered 7 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 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... Read More
There is no obligation that the HOA threaten attorney intervention. You need to lawyer up at this point with a lawsuit pending or have your BK lawyer address this with you. 
There is no obligation that the HOA threaten attorney intervention. You need to lawyer up at this point with a lawsuit pending or have your BK lawyer... Read More

can i file a claim against direct tv

Answered 7 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Why have you been paying for 2 years on a service that has bnever been installed? That simply makes no sense.
Why have you been paying for 2 years on a service that has bnever been installed? That simply makes no sense.
All depends on the terms of the insurance contract. Generally there would be an issue if they did it during the pendency of the policy period but can surely do so on renewal. 
All depends on the terms of the insurance contract. Generally there would be an issue if they did it during the pendency of the policy period but can... Read More
You need to retain a lawyer ASAP to address this and likely you want to undo the deal as you dont know what elese they were cheating you on. 
You need to retain a lawyer ASAP to address this and likely you want to undo the deal as you dont know what elese they were cheating you on. 
You will likely need to hire a lawyer to address this issue. There may be statute of limitation defenses and collections violations or this could simply be a fraud scam. 
You will likely need to hire a lawyer to address this issue. There may be statute of limitation defenses and collections violations or this could... Read More

Can we

Answered 8 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can always fight for it - whether you win or not will be determined through the court process. 
You can always fight for it - whether you win or not will be determined through the court process. 
You would have a weak claim under Fla. Stat. 772.11. IN the future remember NOTHING is for free.
You would have a weak claim under Fla. Stat. 772.11. IN the future remember NOTHING is for free.
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
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... Read More

Warranty Contract (issue)...

Answered 8 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This all revolves around the paperwork signed. You will need to hire a laywer, at some expense to reiew the paperwork and go from there. 
This all revolves around the paperwork signed. You will need to hire a laywer, at some expense to reiew the paperwork and go from there. 
"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
"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... Read More

What are my options?

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Nothing on the facts provided. You can return to the dentist to adjust the filing but a patient is not the arbiter of whether a root canal is appropriate. You would have to have a written opinion from another dentist to even raise the issue for something liek a refund. 
Nothing on the facts provided. You can return to the dentist to adjust the filing but a patient is not the arbiter of whether a root canal is... Read More
If this occured this would be a potential collection practices act violation. You can contact our office at 1-800-922-6442 to address this further for  FREE consultation. 
If this occured this would be a potential collection practices act violation. You can contact our office at 1-800-922-6442 to address this further... 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
"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... Read More
Likely allowable BUT you need to speak with your store management as to whether or not they want you doing such things. 
Likely allowable BUT you need to speak with your store management as to whether or not they want you doing such things. 

Dealer lied about financing options and rates

Answered 8 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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
Hmmmmm.....there is a lot missing from these facts, starting with you being foolish enough to believe the dealer claiming "you bank reconsidered" on... Read More