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 […]
Did you win a foreclosure sale, only to find out later that you did not get what you thought you were bargaining for? If so, you then started wondering what you could do about it. Can you get the sale vacated and set aside, and get your purchase money back? […]
By Austin Calhoun, Esq. and Joseph Luna, Esq. Financial institutions are often required to make tough decisions when they receive the daunting Form 668–A, “Notice of Levy” from the IRS concerning a delinquent taxpayer’s bank account. If the IRS levies a bank account, financial institutions are required to immediately freeze […]
A trustee of a trust in Florida has numerous duties to which they must adhere to in the administration of the trust. A trustee’s failure to do so may constitute a breach of trust and give rise to legal claims by trust beneficiaries. The Florida Trust Code provides an overview […]
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 […]
The Paycheck Protection Program (“PPP”) was a program approved by Congress in 2020 to support American businesses through the coronavirus pandemic as a part of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and later modified by the Paycheck Protection Program Flexibility Act in June of 2020. The […]
On July 15, 2021, the SBA issued its procedural notice regarding lender requests to the SBA for guaranty recovery of PPP loans. The PPP loan program has offered billions of dollars in assistance to small businesses across the country. However, many PPP borrowers have since begun defaulting on their loans. […]
When account owners have an account that reflects a negative balance, the lender is faced with a myriad of options and obligations with regard to the pursuit of that debt. The first consideration that lenders (banks and credit unions alike) often face is when, and if, to conclude that the […]
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). […]