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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 17
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Consumer Law
Florida

Recent Legal Answers

I have a small IT consulting business. I bought some hardware about $20k from vendor, big company like Dell but they never delivered the equipment.

Answered 12 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You really should hire legal counsel or refer this to your corporate counsel to address. There are many contract implications hereand this needs to be handled delicately. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.
You really should hire legal counsel or refer this to your corporate counsel to address. There are many contract implications hereand this needs to... Read More

I left a chainsaw for minor repair at a shop. When I went to pick it up, I was told it was sold.

Answered 12 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately, if you left it there and could not afford to pay for the services, it was likely deemed abandoned. You should never "drop off" things for repair that you cant pay for. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.... Read More
Unfortunately, if you left it there and could not afford to pay for the services, it was likely deemed abandoned. You should never "drop off" things... Read More

Bought a used car in FL, "as is".It broke down drivng of the lot.What can I do?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Most likely not much. "As is" means you bought ityou fix it. Only way around is usually fraud which is both hard to prove and expense to pursue.
Most likely not much. "As is" means you bought ityou fix it. Only way around is usually fraud which is both hard to prove and expense to pursue.

Statute of Limitations in Florida case filing

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No. The SOL only requires that the lawsuit be filed in the time frame not completed.
No. The SOL only requires that the lawsuit be filed in the time frame not completed.

What can be done when a store runs your credit and changes your personal info on your account without your permission/consent? Not once but twice!

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Need more details to even begin to discuss intelligently. If you are interested in hiring a lawyer to help you, we do offer FREE consultations to determine how we can be of assistance at 1-800-922-6442.
Need more details to even begin to discuss intelligently. If you are interested in hiring a lawyer to help you, we do offer FREE consultations to... Read More

How long does a Florida car dealership have to fix an erroneous price after knowing about it before having to honor the listed price?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
They are almost never required to honor it if a true mistake. If its part of a "bait and switch" scheme, its a fact specific determination and there you typically sue for damages as there is often no such car to buy.
They are almost never required to honor it if a true mistake. If its part of a "bait and switch" scheme, its a fact specific determination and there... Read More

can I get a dealership to redo a loan if they added more than I wanted at the last minute and I signed it

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely, unless they agree to do it.If you sign it, typically you bought it. Cant claim "was not advised" when it was there in black and white and you didnt read it.
Not likely, unless they agree to do it.If you sign it, typically you bought it. Cant claim "was not advised" when it was there in black and white and... Read More

bankruptcy discharge and judgment for credit card

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If the collector told you this, or creditor, they likely violated the FCCPA/FDCPA. You may be entitled to actually sue them and have them pay YOU money, incluidng a $1,000.00 penalty. If you are interested in hiring an attorney to help you, we do offer FREE in office consultations to explore how we can help. Just call 1-800-922-6442.... Read More
If the collector told you this, or creditor, they likely violated the FCCPA/FDCPA. You may be entitled to actually sue them and have them pay YOU... Read More

Homeowner assocaiation

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You would be well served to retain an attorney to help you address this issue before it gets out of control. IN the meantime,you may be well served to pay the money under protest and then take legal action to challenege the payement obligation. If you are interested in hiring an attorney to help you, we do offer FREE in office consultations to explore how we can help. Just call 1-800-922-6442.... Read More
You would be well served to retain an attorney to help you address this issue before it gets out of control. IN the meantime,you may be well served... Read More

car auction

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No way to know without reviewed what contractual obligations you had and whether you acted properly. If you are interested in hiring an attorney to help you, we do offer FREE in office consultations to explore how we can help. Just call 1-800-922-6442.
No way to know without reviewed what contractual obligations you had and whether you acted properly. If you are interested in hiring an attorney to... Read More

Do we have a case for damages if a cemetery double-sold a plot in which my dad is buried?

Answered 12 years and a month ago by W Chase Carpenter (Unclaimed Profile)   |   1 Answer
First off, I’m sorry for your loss.  As far as the cemetery double-selling the plot, I would definitely advise making an appointment with an attorney.  I’m unclear as to what the cemetery manager wants to do, and I’m not sure this is the best venue to discuss it, but this type of negligence is uncalled for.  Unfortunately, there are far more questions than your post gives answers, so I would advise making an appointment with an attorney to sit down and discuss the details in confidence, and then go from there.  ... Read More
First off, I’m sorry for your loss.  As far as the cemetery double-selling the plot, I would definitely advise making an appointment with... Read More

Does the failure to disclose law apply in the case of furniture contracts

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There are a variety of issues associated with this. Have you brought the furniture back and are you behind on payments? If you would like, feel free to contact our office 813-877-6442 to see how we can help.
There are a variety of issues associated with this. Have you brought the furniture back and are you behind on payments? If you would like, feel... Read More

TODAY I WENT INTO CHASE TO OPEN AN ACCOUNT BANK MAANGER ASK ME ME WHAT DO I INTEND TO DO WITH ACCOUNT WAS TOLD I COLD NOT OPEN AN ACCOUNT WITH THEM

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no right you have to open an account with anyone. I trust you have had some issues with Chase in the past regarding some accounts?
There is no right you have to open an account with anyone. I trust you have had some issues with Chase in the past regarding some accounts?

What action should I take?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Need nore facts, but if its a utility,you should file a complaint with the public service commission (PSC). If they are seeking more money from you or wronglly kept a deposit, there might be an FCCPA claim for wrongful collections or a civil theft claim. 
Need nore facts, but if its a utility,you should file a complaint with the public service commission (PSC). If they are seeking more money from you... Read More

Do i have a case if i feel I'm been harassed.Who can i talk to

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can call our office at 813-877-6442 if you like.
You can call our office at 813-877-6442 if you like.

Statue of Limitations

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
We do a lot of this litigaton. Its not a clear answer because it depends on what they claim when they sue ya. Generally, most if them are 4 years from the date of breach/acceleration. CC companies often claim its 5 years and resinstates by payment made, but they are geberally unable to meet this standard.... Read More
We do a lot of this litigaton. Its not a clear answer because it depends on what they claim when they sue ya. Generally, most if them are 4 years... Read More

is it legal for an attorney to knowingly give lie about law

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes, unless the lawyer owes you some legal obligation otherwise. Its also possible he just disagrees with your version or interpretation of the law, whcihis why there are judges and appeals courts, as this is a common occurance.
Yes, unless the lawyer owes you some legal obligation otherwise. Its also possible he just disagrees with your version or interpretation of the law,... Read More

I found a stringy hairy like thing in my frito-lays classic chip but it was stuck to the chip, what should i do?

Answered 12 years and a month ago by Mr. Guy Piers Coburn (Unclaimed Profile)   |   1 Answer
1. Don't eat it.  2. If you contact the company, they will probably send you either a refund or some coupons for some free stuff.  Or, you can take it back to the store and they will probably replace the product you purchased.  Technically, you could make a claim that the chips failed the implied warranty of merchantability and fitness for a particular purpose under the Uniform Commercial Code, and sue them to get your money back . . . but is it really worth it?Simply because you got something gross in your bag does not mean that you suffered any damages.  Any civil law suit requires that you prove both liability (i.e. is the other side responsible for the damages or injury I suffered?) and damages (how much injury, harm or monetary loss did I suffer?)  Some people might be traumatized over getting something really gross in a meal, but most of the time, those "stories" do not result in actual damages, so there is no basis for a law suit.  However, the company will probably prefer to give you some free stuff to avoid the publicity of you posting pictures of something gross you got in your bag of chips.  That could hurt sales.On the other hand, if you really were somehow traumatized by what happened, then you should consult with an attorney in your area who handles product liability cases.... Read More
1. Don't eat it.  2. If you contact the company, they will probably send you either a refund or some coupons for some free stuff.  Or, you... Read More

Can you sue someone in ontario canada if you live in florida?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes, but you have to do it through a treaty as they are in another country. Very complicated.
Yes, but you have to do it through a treaty as they are in another country. Very complicated.

can I be reimbursed for funds of overpayment to a payday loan scam?

Answered 12 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Good luck. If its a scam, you will need to close down the bank account and chalk it up to allowing yourself to get scammed. Its almost impossible to get money back from fraudsters located godknows where.
Good luck. If its a scam, you will need to close down the bank account and chalk it up to allowing yourself to get scammed. Its almost impossible to... Read More

I live in a 2 party notify state for recording calls. If a business notifies me they may be recording do I still have to tell them I am recording?

Answered 12 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There are too many variables to answer this and under Fla. Stat. 934, a mistake could result in criminal charges. I would object to them recording you at all, or specifically get permission for you to record which they should be willing to give since they are doing it themselves. 
There are too many variables to answer this and under Fla. Stat. 934, a mistake could result in criminal charges. I would object to them recording... Read More

Ex-husband's wife is a banker and she used my banking info to sue me for visitation/child support.

Answered 12 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is a classic issue of whether the events are worth your spending money to hire a lawyer to address.Typically, in such cases, especially those intertwined with a domestic dispute, you may all kinds of legal rights that get trampled. However, the complexity and craziness usually eliminate contingent fees unless the lawyer is desperate or dumb, and you usually want to avoid those. ... Read More
This is a classic issue of whether the events are worth your spending money to hire a lawyer to address.Typically, in such cases, especially those... Read More

small claims domestication

Answered 12 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No idea. Sounds like you will need to hire an attorney immediately to figure this out and address it, as it sounds likes a writ of garnishment has been issued by a court somewhere. The longer you wait to figure it out, the harder it may be to challenege it. 
No idea. Sounds like you will need to hire an attorney immediately to figure this out and address it, as it sounds likes a writ of garnishment has... Read More

Apple inc wants me to incur costs for replacing my Laptop which has not worked properly and is under warranty. What do I do?

Answered 12 years and 3 months ago by Mr. Guy Piers Coburn (Unclaimed Profile)   |   1 Answer
The only way to answer your question would be to carefully read the terms of the Warranty.  Some waranties have a provision for replacement after a certain number of repairs, but most do not.  Unless your warranty specifically allows for a refund, you probably are not entitled to a refund.  It may be that they are only obligated to provide you with a replacement with the same features, and the price does not matter.  Because computer technology advances quickly, a high-end computer three years ago may be a low end, cheaper computer today.  But if you are getting an equivalent machine, it may fulfill your warranty.Note: automobiles have a specific "lemon law," but there is no such law for computers.  It depends on the terms of your waranty.  There are some general laws that may apply when you first purchase the computer, but these "implied warraties of merchantability and fitness for a particular purpose" are usually disclaimed in the written warranty.  In any event, they would not apply to a three year old computer.... Read More
The only way to answer your question would be to carefully read the terms of the Warranty.  Some waranties have a provision for replacement... Read More

Jeweler sold our jewelry for much less than it was worth.

Answered 12 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you can show its a $5,700.00 ring it may be worth hiring a lawyer to sue over the loss. The problem with the case lies in the words "as we understood it" meaning there may not have been clarity or consistency of understanding and there was no written agreement. 
If you can show its a $5,700.00 ring it may be worth hiring a lawyer to sue over the loss. The problem with the case lies in the words "as we... Read More
Consumer Law
Florida

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