Florida Consumer Legal Questions

It entirely depends on what the contract says.  Does the contract allow such a high increase?  Is the contract vague or clear?  (Did you read it before signing it?  You should have.)  In some cases, if a contract has clearly unfair terms that are buried in the fine print, those terms can be determined to be "unconscionable" because they are unfair and you were pushed/coerced/lied to into signing the agreement.  If there was lying involved, then you may have a claim under the Florida Unfair and Deceptive Trade Practices Act (FUDTPA).  But it all depends on the terms of the contract and the facts and circumstances of the situation.You can direct AMEX to not pay the charges, and then you will have to pay each month, if you pay.  You can try to negotiate with them . . . agree to pay the increased cost in exchange for shortening your contract.  You could choose to break the contract, but there may be consequences to that, such as sending the account ot a collection agency, negative entries on your credit report or even being sued.... Read More

Fraud is where one party makes a false statement of fact, knowing that the statement is false and intending the second party to rely upon the false statement, and then the second party does actually rely upon the statement and suffers damages.  If a merchant gets you to buy something by telling you something false, then you may be able to cancel the sale and get your money back, or get actual damages of what you may have lost.  The problem is that this kind of case involving tires is only a small amount of money generally not sufficient to file a law suit.  Depending upon the facts, other statutes might be able to be applied, such as the Florida Unfair and Deceptive Trade Practices Act (FUDTPA).  However, your best option may be to complain to the Florida Division of Consumer Services: http://www.freshfromflorida.com/Divisions-Offices/Consumer-Services, or the Better Business Bureau.  You file the complaint, and then they take it from there.... Read More

I hate to tell you this, but if you signed a contract with them, you will start from the point of you made the deal and now its yours. The problem with duress defenses in these cases is that it is very difficult to overcome the greed motive of the consumers that they feed into. Noone forced you to attend any of these presentations, you chose to go to them becuase you wanted some "free" things and thought you would get over on them by simply resisting thier pitch. While many people actually get free hotel stays, etc doing this, enduring the sales pitch and standing strong on NOT buying anything is the key. If you don't want something, the law requires that you refuse to sign, etc. If you "just wanted to leave to go on your honeymoon", there is nothing that prevented you from doing so and thats exactly what you should have done and should do in the future. Absent a literal gun to your head, the "duress defense" in this type of fact patterm really amounts to a classic caseof "buyers remorse" In the mean time, you may want to check with your state attorney general to see if they have any issues with the company as sometimes these companies violate various state laws related to such contracts, they may intervene if they see a lot people being done wrong.... Read More

The statute of Limitations in Florida is generally five years for a written contract and four years for a verbal contract.  From what you described, this debt appears to be long past the Statute of Limitations.  Contrary to what some people believe, debts past the Statute of Limitations can be collected, but cannot be sued upon so there is no way to force collection of the debt.  Furthermore, if you advise the debt collector that you will not pay this debt and any further contact would be harassment, you may have grounds to sue the debt collector if the debt collector continues to try to collect the debt.  This is especially true if you provide the notice in writing. Did the debt collector provide you with some kind or written notice before calling you or within 5 days of the first call?  There are two primary statutes that control debt collectors: The Federal Fair Debt Collections Practices Act (FDCPA) and the Florida Consumer Collections Practices Act (FCCPA).  The FDCPA only applies to third party collectors such as collection agencies and attorneys, but the FCCPA applies to any debt collector, even the original creditor.  These laws have a lot of provisions which may apply to your situation.  For example, if the debt collector does not actually work for an attorney, there is a violation.  If the debt collector did not send the written notice under the FDCPA, there is likely a violation.  If you send a letter asking for verification of the debt and for them to stop calling you, but they call you again, then it is likely a violation.  If there has been a violation, you may be able to sue the debt collector for any actual damages you suffered (usually none), up to $1,000.00 for each statute in "statutory damages" (i.e. possibly up to $2,000.00), plus the other side pays attorney's fees and court costs. If you get another call, ask for the following information: a. the name of the collector; b. the name of the collection agency or law firm; c. the address of the collector; d. the name of the creditor; e. the amount of the debt; f. the original amount of the debt before any fees, costs or interest were added; g. whether they send you an initial contact letter and the address to which the letter was sent.  Only after you get this information should you tell them that the debt is past the Statute of Limitations, you dispute the debt and refuse to pay, and demand that they not call you again.  Then, depending upon how far you want to take this, you can send them a letter yourself or take this matter to an attorney who handles Debt Collection Harassment cases.  If you send the letter, make sure you demand verification of the debt and that they not contact you any more other than sending the verification. If they contact you again after sending such a letter, you may want to discuss the case with an attorney who does Debt Collection Harassment cases.... Read More

I am not sure how you" tried" to give the items back, did you bring them back to the store while they were open and return them? That is what is typically required in thier contracts. DO NOT under estimate thier willingness to seek criminal prosecution if you dont return the items to them on demand, this is a frequent issue with these companies.  As an aside, if they are trying to collect money from you regarding the calls, they may violate the FCCPA. We provide FREE consultations on such issue at 1-800-922-6442.... Read More

You should probably hire a lawyer to defend the lawsuit against you and help you sort it all out, though you will likely have to pay out of pocket for this. We do this type of work and provide free consultations at 1-800-922-6442. Be careful doing this on your own as it is usually MUCH more expensive and less effective for a lawyer to come in later and fix things if the case gets all messed up early on.... Read More

Simply put, you have been sued for the debt and a response called an answer must be filed with the court within 20 days after you were served.  You can call the lawyer to see if you can come to terms and work it out, but if you can't you MUST file a response within 20 days or a judgment will be entered against you in the full amount. ... Read More