Florida Consumer Legal Questions

Its not a discrimination case, and has nothing to do with pursuing case with a lawyer, though the inusrance industry would LOVE for you to spread that urban legend further. It may be that you contend you are STILL HURT from that accident, and depending how recent it was, they are unwilling to insure you beause they think you will simply use thier insurance to claim old injuries as new in a future claim. This may still run afoul of the insurance underwritng rules for Florida, so I would file a complaint against them with the Florida Depatment of Insurance whcih will force them to specifically explain why, at a minimum. I suspect, there is something else out there though that they are relying on, as reflected in increase in your earlier policy, which suggests that your original insurance company found some fault to justify an increase in your premiums.  ... Read More

You need a litigation attorney familiar with contracts etc. Unfortunately, this is NOT a contingency fee type of lawyer so you wll start with having to pay a lawyer out of your pocket to address these issues. We do handle such cases if you wish to have a FREE in office consultation, please contact our office at 813-877-6442.... Read More

Yes. If you are an adult, you are responsible TO READ what you are signing. If you dont understand something, DO NOT SIGN IT. If you did not want what was in the contract, that is your opportnity to refuse the deal. If you sign it anyway, because you want the car, thats called negotiation, and will likely get stuck with it unless you can prove fraud which is very difficult and expensive to do.... Read More

Generaly, you cannot make a contract and then "change your mind" without penalty. If you do not in good faith seek the park approval required, you may find that you are laible for breaching the contract. Whether you get your deposit back is equally matter of the contract terms and conditions. You may need to be prepared to lose your deposit, however, as the owner may claim losses by pulling off the market or turning down other offers. In future, do not make contracts you dont intend to honor, it rarely works out well as there are no legally recognized "do overs"... Read More

As an active practioner in this area, I am not aware of any "change" to the statute of limitations as you describe. In fact the battle has been an interpretation of the "founded upon a written agreement" language of 95.11, where the banks claimed that credit card agreements meet this standard and I have sucessfully arhued that they rarely do.  Is there a specific reference to this "change" your describing?... Read More

No way to tell. Part of the problem is you are in another country and using a  service to skirt regulations in your country or to dupe sellers into sellng to you under false pretenses. That said, it wouldnt surprise me that a company used for this purpose would be shady. You may need to contact a lawyer in your country to address part of this issue.... Read More

One can file a lawsuit for anything as a general rule. The better question is how viable is your case. I would suggest it is borderline in this regard. It starts with who made the mistake. Typically, there are numerous confirmations that one goes through on a typical website to make sure the information is accurate. If you approved bad information, case is terrible for you. If you provided correct information and THEY confused them (rare but possible due to how computers work) a significant amout of fault does exist on your part if you had the tickets for 5 months and never looked to make sure they were correct, while some fault is thiers for messing them up. The remedies will typically be spelled out in the terms of service you agreed to using the website, etc. You should look specifically to see if there is some provision about time of notices, or limitations in remedies like, credit for another ticket minus fees, etc. As to filing suit itself, it will likely cost you as much or more to litigate even a small claims case with them, so it may not be cost efficient to fight over this issue.... Read More

Typically, no. BUT I am sure you signed a bunch of legal documents that weren't read at the time (don't worry, everyone does it) and you might have a contract provision that make representations about the quality of the car, etc. They should be able to explain exactly why they thinnk they are entitled to make you pay.... Read More

Hopefully you have witnesses other than yourself you can attest that you ate the roach and saw it. First issue it they may not believe you now, because you originally called in to complain that it looked like the salad was already eaten and stale. Why on earth would anyone eat a salad that was bad enough to call up and complain was already eaten by someone. This may cause credibility problems in the case.... Read More

It is not clear in whose possession the roach infestation occurred. If it was in yours, while it may be unfortunate, this is likely a warranty voiding abuse. If you got it back infested, and can show that by some evidence, you likely have a valid lawsuit under a variety of potential causes of actions from negligence to breach of contract, etc.... Read More

Much of the dipsute you describe is contract based issues. If the master key was mailed and lost, they obviously cannot provide that particular key, bu tmay be liable for a replacement depending on your contract terms. If the car is used, the certification may be at the dealer level and they may be within thier rights to require work to be done in thier location if you want it done "under warranty" so to speak. Again this will revolve around your contract terms.... Read More

You will need to have a lawyer look at your paperwork regarding the transaction. It sounds like the issue is that the "credit challeneged" person is so credit challeneged the bank wont fund the deal with him or her as primary. It sounds like the bank will only fund the deal as a sale to you. If this is determination by lender its not fraud, its just your car in your name rather than somone elses car for which you have all the financial responsibilities and none of the benefits.... Read More

These calls or texts 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.  Bringing suit under the TCPA 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. www.ConsumerRightsOrlando.com... Read More

You most likely have a bank account with the same bank that holds your mortgage.  Alternatively, you may have authorized direct withdrawal from your account.  In any event, you should notify the mortgage company immediately that they have made an accounting error and demand that they return the funds to your account.  Let me know if they give you any problems. Stephen Belle, Esq. stephenebelle@gmail.com        ... Read More