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Consumer Law

Florida Consumer Law Attorneys

Do you want to sue a company or business because you have experienced issues with its product or service? Our attorneys at Rak Law Firm can help you review your potential case and consider your next steps.

What Is Consumer Law?

Consumer lawsuits are legal actions taken by customers or consumers against companies or businesses due to issues with the product or service. These actions give remedy to hold the company or business liable for their wrongful practices and recover for their losses.

Legal causes of action may include:

  • Product safety
  • Consumer fraud
  • Defective products
  • Dangerous products

Consumer: anyone who acquires goods or services for their own use.

Consumer law: laws on the rights of consumers and the free flow of accurate information in the marketplace, designed to prevent businesses from engaging in fraud or unfair practices, and to protect individuals from fraudulent behavior by businesses. Many consumer protection laws also involve credit, banking and related financial matters. Consumer transactions such as buying, selling and returning goods are regulated at both the state and federal levels. Florida Bar.

Legislators pass consumer laws to protect customers from unfair business and debt collection practices in the market such as consumer fraud.

Consumer Action Elements

A consumer claim for damages under Florida’s Deceptive and Unfair Trade Practices Act (FDUPTA), §§501.201 – 501.213, Fla. Stat., has three elements:

  1. a deceptive act or unfair practice;
  2. causation; and
  3. actual damages.

Some Florida District Courts of Appeal have determined that causation is an element of a consumer FDUTPA action for damages. See, e.g., Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. Dist. Ct. App. 2006). Because those cases identify a causation element, they appear to be at odds with Davis and Latman. See Moss v. Walgreen Co., 765 F. Supp. 2d 1363 (S.D. Fla. 2011).

Consumer Law – Need to Know:

  • Consumer law protects consumers from unfair practices
  • Consumer law attorneys can help reimburse consumers or customers that have been deceived
  • The Fair Debt Collection Practices Act (FDCPA) has outlawed certain debt collection practices

Fair Debt Collection Practices Act (FDCPA)

The purpose of the FDCPA is to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent state action to protect consumers against debt collection abuses. 15 USC 1692a.

What Is Consumer Fraud?

When a business or company engages in illicit activities that involve trickery and are perpetrated against an individual customer, consumer or purchaser or group thereof, resulting in financial loss and/or physical harm.

Consumer fraud can take the form of:

  • False advertising: claims or advertising material that misleads consumers
  • Counterfeit goods: fake products or materials that imitate recognizable brands
  • Deceptive trademarks: misleads consumers as to the nature, characteristics, geographic origin or qualities of the goods, services or materials being offered
  • Misrepresentation warranties: affirmations which merely express the seller’s opinion, belief or judgment, do not constitute a warranty, and a seller may indulge in puffing or praise of the goods without becoming liable under warranty. Keating v. DeArment, 193 So. 2d 694 (Fla. Dist. Ct. App. 1967).

Lemon Laws

Lemon laws protect consumers who are sold defective motor vehicles. Each state have their own Lemon laws, which may differ from one another. Regardless of the differences, they usually provide legal rights to consumers, few of whom are mechanics so those consumers do not know if they are buying a vehicle in good shape.

Florida’s Lemon Law:

  1. entitles lessees to enforce the obligations of automobile warranties. Fla. Stat. §681.103
  2. imposes a duty on the manufacturer, or its authorized service agent, to conform a vehicle to the warranty if the nonconformity is reported by the consumer within the Lemon Law rights period. Fla. Stat. §681.103
  3. includes lessees within the definition of “consumer,” Fla. Stat. §681.102(4).
  4. provides that when a vehicle does not conform to the manufacturer’s warranty, the lessee shall receive the lessee cost and the lessor shall receive the lease price less the lessee cost. Fla. Stat. §681.104(2).
  5. authorizes a consumer to file suit to recover damages caused by a violation of the Lemon Law. Fla. Stat. §681.112(1).
  6. specifies that other rights and remedies are not foreclosed by chapter 681. Thus, the Lemon Law qualifies lessees for category three consumer status under 15 U.S.C.S. § 2301(3). Fla. Stat. §681.112(3).

Abusive Debt Collections

The debt collection industry is well-known for harassment. Luckily, the Fair Debt Collection Practices Act (FDCPA) has put a stop to many harmful debt collection practices:

  • Debt collectors cannot harass the consumer, the consumer’s family using the phone or other means of communication
  • Debt collectors cannot call during unusual or inconvenient times of the day. They cannot call before 8:00 a.m. or after 9:00 p.m.
  • Debt collectors cannot call you personally if they know you have an attorney
  • Debt collectors cannot lie and mistake the amount you owe

Even with these laws, debt collectors still continue to harass consumers over debts. It is recommended that you hire an attorney who specializes in consumer law or business law and can help you evaluate the situation and plan next steps regarding the case.

How Can RAK Law Firm Help Me With My Consumer Action?

We can help advice you on your rights as a consumer and take legal action if warranted. If a lawsuit is pursued, we can help to recover the money lost and compensation for the stress you have endured.

Why should you contact Rak Law Firm regarding your potential consume action claim?

We have skilled attorneys who have experience with consumer protection claims and the knowledge required to help you get results unique to your situation.

How can I prepare for my consumer action consultation?

  • Gather all documentation and correspondence that may be related to the potential claim
  • Any evidence I might need to show deceptive trade practices or the specific violation of consumer law

Contact us today to schedule a case evaluation and get started.

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