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 […]
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 and how to defend against such claims. Many times, consumer lawyers bring claims for technical violations of the statutes, or even when there has […]
When towing companies tow vehicles in the State of Florida, Section 713.78 provides protection to ensure they are paid for their services. While the owner of the vehicle may not want to pay for the towing company’s services and may not want to retrieve the vehicle for whatever reason, lienholders […]
When motor vehicle repair shops perform repairs to a vehicle, the Florida Statutes provide protection to ensure that the repair shop is paid for the services performed. While the owner of the vehicle may not want to pay for the services and may not want to retrieve the vehicle for […]
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. Given the pro-consumer nature of the statute, one big consideration for defending against FCCPA claims is how to shift risk to […]
Every small business should have a written contract, whether it is with its customers, vendors, or suppliers. While every business is different, and this may apply to some industries more than others, it is important for small businesses to evaluate when or how a dispute could arise and whether they […]
The commercial landlord-tenant act is set forth in Sections 83.001-83.251 of the Florida Statutes. While the commercial landlord-tenant act does not specifically address whether wrongful/constructive eviction (“constructive eviction”) is a defense to an eviction or removal action (or grounds for a tenant to vacate the premises), case law supports that […]
Recently, the FCC’s long-awaited Reassigned Numbers Database (commonly referred to as the “RND”) went live for use. The significance of the RND is that it offers companies the ability to query whether a telephone number was permanently disconnected after the date the consumer provided consent for calls or text messages. […]