Florida Consumer Legal Questions

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480 legal questions have been posted about consumer law 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 identity theft, consumer fraud, and lemon law. All topics and other states can be accessed in the dropdowns below.
Florida Consumer Questions & Legal Answers - Page 15
Do you have any Florida Consumer questions page 15 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 480 previously answered Florida Consumer questions.

Recent Legal Answers

This more of an evidence and motive problem. UNless you get actual evidence of some impropriety, there is no practical case here unless you want to spend money outof pocket hiring a lawyer to investigate the issue though litigation and discovery.
This more of an evidence and motive problem. UNless you get actual evidence of some impropriety, there is no practical case here unless you want to... Read More

Implied warranty for major appliance purchase

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Vitually ALL warranties are in writing and provided with the manual or materials when the appliance is purchased. Typically, there is no claim here because the warranty information provided in writing is either not read or misunderstood by the consumer. Advertisements are of no issue unless they are clearly misleading, and the Maytag repairman ads, would typically not be so unless they stated there was a 5 year unlimited warranty on anything that goes wrong on all models, etc. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read More
Vitually ALL warranties are in writing and provided with the manual or materials when the appliance is purchased. Typically, there is no claim here... Read More

Do I have to pay the damages ?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Typically, yes, you will have to pay. Even if thier insurance pays, THEY may claim against you for the damages. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.
Typically, yes, you will have to pay. Even if thier insurance pays, THEY may claim against you for the damages. If you have further questions, feel... Read More
I am not sure what you are asking about. Presumably, if he gets prosecuted, he will be unlikely to use any information he may have taken. I assume you have contacted the company associated with his hiring to advise them of this circumstance. Unless he was a DELL employee, it would be really hard to hold DELL responsible for anything criminal he did. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read More
I am not sure what you are asking about. Presumably, if he gets prosecuted, he will be unlikely to use any information he may have taken. I assume... Read More

What is the best way to proceed?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is not likely much you can do, as you never bought the car. This would be similar to being told a particular TV at Wal Mart is going on sale soon for  25% off, you should wait to buy it then, waiting 6 six weeks, and no sale, and wanting to sue for not selling you TV at the discounted rate. Unless you paid for some deposit, what they are doing is more poor business than illegal.... Read More
There is not likely much you can do, as you never bought the car. This would be similar to being told a particular TV at Wal Mart is going on sale... Read More

How do I stop 'do not call' phone calls?

Answered 11 years and 9 months ago by N James Turner (Unclaimed Profile)   |   1 Answer
These calls could be in violation of the Telephone Consumer Protection Act (TCPA). The TCPA prohibits calls using a pre-recorded or artificial voice to deliver a message to a consumer unless there is a previous business relationship or consent for the call by the consumer.   With most calls made by the debt industry to a consumer, the previous business relationship between the creditor and the consumer is sufficient to allow the debt collector to utilize a pre-recorded message. However, with wrong number collection calls, such a previous business relationship is lacking. Bringing suit under the TCPA premised on wrong number debt collection calls can result in substantial claimed damages. The TCPA provides for a statutory penalty of $500.00 per call and that amount increases to $1500.00 per intentional violation.... Read More
These calls could be in violation of the Telephone Consumer Protection Act (TCPA). The TCPA prohibits calls using a pre-recorded or artificial voice... Read More
anytime you "finance your business" through credit cards, you are already in a pickle. Assuming you have personal guarantees on the cards, the obligation will be yours to pay. You can try to sue ex-partnr for contribution but that presumes she has the money to pay and you can afford to hire a lawyer to help you do it properly. If its a lot of money, you may simply needton contact a bankruptcy lawyer. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read More
anytime you "finance your business" through credit cards, you are already in a pickle. Assuming you have personal guarantees on the cards, the... Read More

Plastic in my Jerky!

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely, no damages. You also have to establish conclusively that the stuff you reference is plastic as oppose to bone or tendon.
Not likely, no damages. You also have to establish conclusively that the stuff you reference is plastic as oppose to bone or tendon.

Can I appeal a credit card case in small claims court?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
That "trickery" is called being a trial lawyer. The entire business model for most of those companies to is prey on people who either default or think they can be thier own lawyers, either way endingin judgment.  Lots of lawyers can help you, including our office. Practical problem is........you lost so you are the appellant. This means that you will now have to spend even more money on a lawyer to try and "unlose" your case than you would habve spent in properly defending it. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read More
That "trickery" is called being a trial lawyer. The entire business model for most of those companies to is prey on people who... Read More
Typically, no, they can't charge you to get the personal items in a repo, absent some other provision in your loan docs etc. There are instances however, where the charges are for inventorying your personal stuff, and there are instances where they are able to charge something for that. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read More
Typically, no, they can't charge you to get the personal items in a repo, absent some other provision in your loan docs etc. There are instances... Read More

payed off a used car but they are holding my title.

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Based upon what you state, likely the cannot. However, they obvioulsy disagree with you so there may well be controversy that needs to be addressed regardless. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.
Based upon what you state, likely the cannot. However, they obvioulsy disagree with you so there may well be controversy that needs to be addressed... Read More

how binding is a sattelite co. contract ?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Uh, very binding? Seriously, this is simply a silly question. ANY agreement you make is theoretically "binding". You would probably get more useful asnwers by asking a more thoughtful question.
Uh, very binding? Seriously, this is simply a silly question. ANY agreement you make is theoretically "binding". You would probably get more useful... Read More
Not aware of any legal precedent that people with infants get free electricity or other utilities. In the interim, your freind may want to consult her local legal aid center to see if they can help somehow. If you have further questions, please feel free to contact our office at 1-800-922-6442 to schedule a FREE consultation.... Read More
Not aware of any legal precedent that people with infants get free electricity or other utilities. In the interim, your freind may want to consult... Read More
I am confused. Its impossible for you to "since found out that they were counter-sued" unless YOU filed a counter suit in your case.  It sounds like you already have a laywer handling your case. If so, you should be asking him or her these questions. If you have further questions, please feel free to contact our office at 1-800-922-6442to schedule a FREE consultation.... Read More
I am confused. Its impossible for you to "since found out that they were counter-sued" unless YOU filed a counter suit in your case.  It sounds... Read More
You are going to get the same answer here as anywhere else and telling lawyers, "dont answer unless you tell me what I want to hear" is equally unproductive. There is no possible to answer your question due to its complexity, the need to review your written agreements and warranty in detail and the interaction of international law/treaties. There is also a glaring lack of important facts that would be needed to even begin to address your question. If you are serious about actually pursuing it, vs. looking for half baked FREE legal advice for what you portray as a very important business issue, you simply need to hire legal counsel to get you started on resolving the questions you ask. You can contact our office at 1-800-922-6442 for a FREE consultation if you have additional questions.... Read More
You are going to get the same answer here as anywhere else and telling lawyers, "dont answer unless you tell me what I want to hear" is equally... Read More

I have a consumer related question.

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
The  practical answer to question starts with assessing the cost of the item relative to doing something about it. The more expesive the item, the more expense you can justify trying to resolve the issue legally. If the item is under $5,000.00 you would probably be chasing dimes with dollars in a multistate litigation case. Up until you probably exceed $30-40,000.00 for the item, you would end up weighing the expenses vs. various options for settlement or resolution. If the item is over $100,000.00 it might prove worthwhile to deal with litigation against foreign manuafacturers, as you ge embroiled in treaties and huge complications enforcing judgments or collecting them. This is not a legal analysis as much as it is a cost analysis related to enforcing legal rights.... Read More
The  practical answer to question starts with assessing the cost of the item relative to doing something about it. The more expesive the item,... Read More
The issue here is "estranged wife" and "our property". Unless the sister in law has a prior history if such conduct and your estranged wife is willing to send her sister to prison, you may find that this whole issue has many more layers to it than you want to spend money on lawyers resolving. There have been  more than one instance wherean estranged wife does hurtful or regrettable things and then denies them after reconciliation, etc. If you have questions, you can always call us at 1-800-922-6442 for a FREE consultation.... Read More
The issue here is "estranged wife" and "our property". Unless the sister in law has a prior history if such conduct and your estranged wife is... Read More

Company fails to perform service after being paid

Answered 11 years and 10 months ago by W Chase Carpenter (Unclaimed Profile)   |   1 Answer
Well, you can try to get them to refund your money and go find someone else to provide the service.  If they are unwilling, your recourse is probably going to the court and suing them (there’s a couple of theories you can sue under even if you didn’t have a written contract).  If you win, you’ll get a judgment.  Now, if the company’s bankrupt, collection could be pretty tough.  Therefore, depending on the amount of money you paid, may play into a practical decision whether or not to litigate.  Of course, you do have other venues available such as the BBB and perhaps a complaint to the Attorney General’s office or the Department of Business and Professional Regulation depending on the services.  As far as paying someone personally when you hired the business, I wouldn’t do it.  ... Read More
Well, you can try to get them to refund your money and go find someone else to provide the service.  If they are unwilling, your recourse is... Read More
Not unless you can show that you could get the info off the crapped out HD, which sounds unlikely. Those items were lost because HD crapped out and you had no back ups. If you have questions, we provide FREE legal consultations at 1-800-922-6442.
Not unless you can show that you could get the info off the crapped out HD, which sounds unlikely. Those items were lost because HD crapped out and... Read More

Do I have grounds to sue?

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You may have a case against dealer, BUT it depends on what you asked them to inspect, etc. If bought as-is, not sellers fault dealer you picked didnt flag the problems, absent some proof of fraud. If you have questions, we provide FREE legal consultations at 1-800-922-6442.... Read More
You may have a case against dealer, BUT it depends on what you asked them to inspect, etc. If bought as-is, not sellers fault dealer you picked... Read More

bought car on dealer

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No way to tell because your facts are far from clear. Its possible that there is a yo-Yo scam going on also, so you should retain a lawyer ASAP before you sign or do anything else. If you have questions, we provide FREE legal consultations at 1-800-922-6442.
No way to tell because your facts are far from clear. Its possible that there is a yo-Yo scam going on also, so you should retain a lawyer ASAP... Read More
If you think its a yo-yo scam, you should retain a lawyer ASAP to help sort it out. If you have questions, we provide FREE legal consultations at 1-800-922-6442.
If you think its a yo-yo scam, you should retain a lawyer ASAP to help sort it out. If you have questions, we provide FREE legal consultations at... Read More

could a lawyer help me?

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
POssibly, but depending on the expense of the item lost, it may cost more than whats at issue. If you have questions, we provide FREE legal consultations at 1-800-922-6442.
POssibly, but depending on the expense of the item lost, it may cost more than whats at issue. If you have questions, we provide FREE legal... Read More
No idea what you are talking about. Obviously there is dispute about you breaching the agreement, so either you did or did not. YOu may need to hire a lawyer to sort it all out. If you have questions, we provide FREE legal consultations at 1-800-922-6442.
No idea what you are talking about. Obviously there is dispute about you breaching the agreement, so either you did or did not. YOu may need to hire... Read More
Good luck with that....in todays day and age of fraud checks, this would be highly suspicious to Chase or any other bank. Faster to have other person simply write you a proper check. If you have questions, we provide FREE legal consultations at 1-800-922-6442.
Good luck with that....in todays day and age of fraud checks, this would be highly suspicious to Chase or any other bank. Faster to have other person... Read More