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 7
Do you have any Florida Consumer questions page 7 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 will start with (a) what the terms of the refund policy and any warranty provide and then (b) your willingness to spend money out of pocket on legal fees that may exceed the amount in dispute. Damage is generally not a manufactuer defect for warranty application BTW. 
This will start with (a) what the terms of the refund policy and any warranty provide and then (b) your willingness to spend money out of pocket on... Read More
Sounds like a sale to me - BUT its impossible to know "your rights" after the fact since lawyers weren't involved in the transaction. At this point you have cash and the car and the title still, so you have most of the leverage here. YOu may want to hire a lawyer if this escalates to keep things from getting out of hand. ... Read More
Sounds like a sale to me - BUT its impossible to know "your rights" after the fact since lawyers weren't involved in the transaction. At this point... Read More
Well you will only get viable professional opinions when you pay lawyers for them like any other professional. Other than that you get off the cuff comments or tidbits at best. That stated, absent some substantial damage there is no viable case here on a contingent fee so any legal action or issue will involve you paying a lawyer out of pocket to be involved. Short of that I would take the details to the company and notify them and demand they take action to address this. I suspect they will fire the employee and make some small overature to you to "make things right" that you can work out with them. ... Read More
Well you will only get viable professional opinions when you pay lawyers for them like any other professional. Other than that you get off the cuff... Read More
You may be able to sue for a refund but it depends on the terms of the warranty and your willingness or ability to fund and litigation. 
You may be able to sue for a refund but it depends on the terms of the warranty and your willingness or ability to fund and litigation. 

Is this a valid false advertising case?

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely anddo that was simply foolish. Typically such ratings are based upon the pressures of simply sitting in the water at that depth and time. "Taking" it into the water involves a different dynamic where water pressure is exponentially increased by movement. You will see this with watches where an actual "dive watch" with 100m (not 1m as your phone) water resistence is minimum and that is simply qualified for "snorkeling" not actual "diving" which usually requires 200m static water resistence. There may also be an issue with making sure the battery door was sealed as potential user error defense, That stated - there may be a issue with claiming the phone to be "waterproof" as most everyone uses the term water resistent because water "proof" can be misleading. You may want to consult with consumer lawyers in your area to see if this is an issue worth pursuing under the decetive yrade practices act. ... Read More
Not likely anddo that was simply foolish. Typically such ratings are based upon the pressures of simply sitting in the water at that depth and time.... Read More
YOu will need to hire a lawyer, typically out of pocket to do so. Be aware that often obtaining a permit is the homeowners responsbility unless the HVAC people agreed to do so. 
YOu will need to hire a lawyer, typically out of pocket to do so. Be aware that often obtaining a permit is the homeowners responsbility unless the... Read More
any civil lawyer will do. Plan on paying up front legal fees and good deal of them to address such an issue given its complexity and international implications. 
any civil lawyer will do. Plan on paying up front legal fees and good deal of them to address such an issue given its complexity and international... Read More
This will be governed by your warranty. If you are unsure what that covers, you will need to retain a lawyer to address this. 
This will be governed by your warranty. If you are unsure what that covers, you will need to retain a lawyer to address this. 
YOu need to hire a lawyer to address this as it seems they don't agree you aren't responsible video or not. This is likely associated with some issue where they claim you had a relationship with this person and allowed them to do so or you refused criminal prosecution, etc. 
YOu need to hire a lawyer to address this as it seems they don't agree you aren't responsible video or not. This is likely associated with some issue... Read More
You have the right - but whether its worth the expensewon't be known until a lawyer looks at the repair reports and its determined what was finially wrong with the car. 
You have the right - but whether its worth the expensewon't be known until a lawyer looks at the repair reports and its determined what was finially... Read More

Do I have a right to claim a chargeback

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Niether. Especially given the value in dispute of $1,000.00 its not worth the legal effort to file suit even if there was some basis to try to claim lost earnings. 
Niether. Especially given the value in dispute of $1,000.00 its not worth the legal effort to file suit even if there was some basis to try to claim... Read More
Class action for what? There literally thousands of such cases filed monthly, but thy may have nothing to do with you or an issue you may have. 
Class action for what? There literally thousands of such cases filed monthly, but thy may have nothing to do with you or an issue you may have. 

Privacy act violation

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This can be done but you will spend thousands of dollars out of pocket to hire a lawyer to pursue such a case. 
This can be done but you will spend thousands of dollars out of pocket to hire a lawyer to pursue such a case. 
First, absent you being able to walk away from $31,000.00 because you have so much money that its of no consequence, this is one the most foolish decisions I have seen in a while. You NEVER send such a large amount of money to some car dealer on the internet and then try to get your money back if you change your mind. YOu may well have to hire a lawyer now at your expense to pursue this. Moreover DO NOT give them access to your bank account to wire the money - you may find that you have no money leftif they drain the account. ... Read More
First, absent you being able to walk away from $31,000.00 because you have so much money that its of no consequence, this is one the most foolish... Read More
This will require tha a lawyer review the details of your agreement and then go from there. You may need to pay for the lawyers time for such a review - generally we have a 1 hour  consultation charge for this at $350.00 hour. 
This will require tha a lawyer review the details of your agreement and then go from there. You may need to pay for the lawyers time for such a... Read More

How do I receive a rightful refund for a used car?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
"My fiancé and I are young and this is our first time buying a car. We got a loan from our bank and we jumped the gun with this lot/car choice. We are unsatisfied and we just want our money back so we can be on our way and go somewhere else" ...Despite what you may have been indoctrinated to believe, there are no "do overs" or "take backs" in the real world. That you are "young" and buying your first car, imposes on you the obligation to be MORE diligent than usual or secure the help of someone knowledgable in advance to assist you. The millenial strategy of "point and pout" by just doing things because you can and dealing with bad results later, such as when someone takes advantage of you, is simply useless in comparison to taking the time to make proper decisions in advance. This is especially true when you factor in the cost and expense of hiring lawyers to sort things out can exceed the amount in controversy. The old adage of " an ounce of prevention being worth a poundof cure" comes into play here..  The above stated, if you bought the car "as -is" that means when it drives off the lot and you signed the papers, its YOUR car and any repairs or problems are yours also. The exception to this is fraud or violation of Fla. Stat. 501.976, but thats a VERY expensive lawsuit to pursue and very high risk as fraud is a very hard standard to prove. Simply being "unsatisfied" is nowhere close to meeting that standard as you have to prove actual deception, and "we're young and didn't know better" does not meet that standard. Sadly, this will likely be an expensive learning lesson for both of you about being more discriminating and diligent in your financial affairs. ... Read More
"My fiancé and I are young and this is our first time buying a car. We got a loan from our bank and we jumped the gun with this lot/car... Read More
Not even close........and if it were viable, would costs thousands and likely tens of thousands of dollars to pursue. 
Not even close........and if it were viable, would costs thousands and likely tens of thousands of dollars to pursue. 
You may need to sue them over it. The key is actually acceptin the fac tthat you will have to spend more money on hiring a lawyer and actually doing something about it. 
You may need to sue them over it. The key is actually acceptin the fac tthat you will have to spend more money on hiring a lawyer and actually doing... Read More
Noting in general and likely nothing that is financially feasible. This is the peril of such transactions being done without lawyers. All well and good until they are not. You wiull have to have that person provide a bill of sale or powerof attorney to you for the transaction or wait until they come back or fly out to them to egt he paper work competed... Read More
Noting in general and likely nothing that is financially feasible. This is the peril of such transactions being done without lawyers. All well and... Read More
  "I am not being a dead beat. " ...unfortunately - if you racked up $19,000.00 of bills you cannot pay to live at ethe expense of the bank - they will view that much differently I am afraid. You probably need to talk to a bankruptcy lawyer about filing bankruptcy. 
  "I am not being a dead beat. " ...unfortunately - if you racked up $19,000.00 of bills you cannot pay to live at ethe expense of the bank... Read More
"I'm a single mom I clean homes for a living I don't have that kind of money.".....yet as a single mom you have enough money to own rental properties? Can't have it both ways......As this was a rental property, the damage was done, and since you don't seem to have handled the situation well from several angles, you are likely stuck with what you now claim are excessvie repairs as a practical matter since you won't likely be able to afford a lawyer either. You may want to get a home equity loan or find some other means to pay the repair bill and simply factor that into the future rent. On a positive note you need to keep reocrds of the expenses for tax purposes as you might find some benefit there at least. ... Read More
"I'm a single mom I clean homes for a living I don't have that kind of money.".....yet as a single mom you have enough money to own rental... Read More
You will just have to decide whether its worth spending more money to sue him. There may also be need to seeif Home Advisor has some liability if the reviews or ratings are false or there is some dipsute resolution program they offer. 
You will just have to decide whether its worth spending more money to sue him. There may also be need to seeif Home Advisor has some liability if the... Read More
You willneed to hire a lawyer to sue under Fla. Stat. 559 to recvoer the car and then address damages. 
You willneed to hire a lawyer to sue under Fla. Stat. 559 to recvoer the car and then address damages. 
You are probably SOL on this issue. From a financial angle you will likely spend the money in dispute or more fighting over the repairs. 
You are probably SOL on this issue. From a financial angle you will likely spend the money in dispute or more fighting over the repairs. 
Unless you have a warranty that covers it - a repair shop is not obligated to provide you a rental car. That is YOUR reponsibility. This sounds like you have been trying to handle an accident repair without a lawyer. You may need to simply accept that you have to spend some money to hire a lawyer to sort this all out. ... Read More
Unless you have a warranty that covers it - a repair shop is not obligated to provide you a rental car. That is YOUR reponsibility. This sounds like... Read More