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Constructive Eviction: Is There Such a Thing Under Florida’s Commercial Landlord-Tenant Act?

April 15, 2022 Banking & Financial Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

What is the Difference Between the FDCPA and the FCCPA?

December 14, 2021 Banking & Financial Services Industry Legal Blog, Insurance Industry Legal Blog

Businesses throughout Florida should be aware of consumer statutes that provide remedies to consumers and impose liability to businesses, even for small technical violations. Two important statutes for all businesses to be aware of are the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). […]

Recovering Personal Property Collateral: When Should Secured Creditors Consider Replevin Instead of Self-Help Repossession?

December 10, 2021 Banking & Financial Services Industry Legal Blog

Many secured creditors and equipment leasing companies have encountered defaulted debts, where the debtors and lessees retain possession of the collateral, including cars, boats, machinery, or other equipment. The debt is secured by personal property, but creditors are often faced with the same quandary: how to quickly take possession of […]

Florida’s New Mini TCPA: Changes to the Florida Telemarketing Act and the Florida Do Not Call Act

December 7, 2021 Banking & Financial Services Industry Legal Blog, Communications & Media Industry Legal Blog

This year, through Senate Bill 1120 (SB 1120), Florida adopted its own version of the Telephone Consumer Protection Act, which has been referred to as Florida’s Mini-TCPA. Florida’s Mini-TCPA has striking similarities to the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, et. seq. Florida’s expansion of its […]

What Does Florida’s New Summary Judgment Standard Mean For Lenders in Borrower Default Cases?

August 12, 2021 Banking & Financial Services Industry Legal Blog

Lenders who move for summary judgment under Florida’s new summary judgment standard will likely enjoy more favorable outcomes. The court’s more rigorous review of attempts to withstand summary judgment will change expected litigation outcomes, impact litigation strategy, and largely benefits lenders. How Does Florida’s New Summary Judgment Standard Differ From […]

Properly Evaluating and Defending Class Action Complaints

July 21, 2021 Banking & Financial Services Industry Legal Blog

Class action complaints are not a novel concept. Nevertheless, there appears to be an increase in class action complaints alleging violations of consumer protection laws such as Fair Debt Collection Practices Act (FDCPA), Florida’s Consumer Collections Practices Act (FCCPA), Fair Credit Reporting Act (FCRA), or Telephone Consumer Protection Act (TCPA). […]

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Charles B. Jimerson
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