The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. Unlike the FDCPA, which only applies to debt collectors, the FCCPA applies to all persons or businesses collecting consumer debts. As such, all businesses need to be aware of the statute and the risk and potential liability associated with […]
Over the past few years, I have seen a rising trend in consumer lawsuits alleging violations of the FCCPA relating to the residential landlord-tenant relationship. These lawsuits may also allege a violation of the Florida Residential Landlord Tenant Act (FRLTA). Oftentimes, the alleged violation is based upon a 3-day notice […]
The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. As such, businesses need to be aware of the statute and the risk and liability of the statute. We have recently seen a trend in filing lawsuits against businesses for allegedly violating Section 559.72(17) relating to emails for collecting […]
Clients and lawyers are often faced with the question of how to issue an out-of-state subpoena in Florida. The answer is the Uniform Interstate Depositions and Discovery Act. This article explains how to issue an out-of-state subpoena (commonly referred to as a foreign subpoena) in Florida. The Uniform Interstate Depositions […]
Judgment creditors are often faced with the question of how to collect an out-of-state judgment (also commonly referred to as a foreign judgment) in Florida. Generally, when a creditor obtains a judgment in another state, and the judgment debtor is located in the State of Florida, or assets the judgment […]
Empower buyers’ rights with specific performance of real estate contracts for effective transaction enforcement and overcoming seller refusals. Gain legal expertise in Florida’s real estate scene.
When a real estate contract fails to close, disputes over the binder deposit may arise. In such cases, an escrow agent can initiate an interpleader action, seeking court intervention to determine who is entitled to the funds, while recovering their attorneys’ fees and costs. Understanding this process is crucial for all parties involved in failed real estate purchases.
Uncover the complexities of failed real estate transactions and disputes over binder deposits. Learn who gets the deposit, mediation requirements, and the role of interpleader actions.
The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Businesses should be aware of each statute. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any real damages suffered by a consumer. When […]
The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Businesses should be aware of each statute. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer. When […]