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Monthly Archives: May 2020

Florida’s Consumer Collection Practices Act (FCCPA) Part 2: Implementing Safeguards and Internal Procedures to Establish a Bona Fide Error Defense to Violations of the FCCPA

May 28, 2020 Banking & Financial Services Industry Legal Blog, Construction Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Part 1 of this series provided an overview of Florida’s Consumer Collections Practices Act (FCCPA) and explained why it is imperative for all business owners to be aware of, and understand, the FCCPA.  This article explores Section 559.77’s bona fide error defense and how businesses can be prepared to defend […]

Considerations for Community Associations When Reopening Their Communities and Common Elements due to COVID-19

May 18, 2020 Community Association Industry Legal Blog

The State of Florida is slowly but surely opening back up after closures from the COVID-19 pandemic.  Governor DeSantis’s Stay at Home Order expired on April 30th, and Executive Order 20-112, effective May 4th, was enacted as Phase I in the reopening process.  Both State and local governments have been […]

Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA

May 14, 2020 Banking & Financial Services Industry Legal Blog, Construction Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

All businesses in the state of Florida need to be familiar with Florida’s Consumer Collection Practices Act (“FCCPA”).  The FCCPA is found at Sections 559.55-559.785 of the Florida Statutes.  The FCCPA is intended to protect consumers and is intentionally unfair to creditors.  See §559.552, Fla. Stat. (2019); Kelly v. Duggan, […]

Understanding the Difference Between Condominium and Homeowners’ Association Turnover

May 13, 2020 Community Association Industry Legal Blog

Previously, I published a blog reviewing when turnover occurs for a homeowners’ association only.  At first blush, one may conclude that condominium associations and homeowners’ associations would have the same or nearly identical requirements for when turnover occurs.  However, the truth is quite opposite. Florida condominium association are governed by […]

Does an Insurer Have a Duty to Defend a Claim Immediately Upon Receipt of a Florida Chapter 558 Construction Defect Notice?

May 4, 2020 Construction Industry Legal Blog

Construction projects are fragile and issues often arise when the project in practice doesn’t match the project in planning. Resolving these issues has become more standardized with the enactment of Florida Statutes Chapter 558, but the chapter may create as much litigation for insurance companies as it hopes to alleviate. […]

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