Recent Blog Posts
The ABC’s of Florida’s Lemon Law
Consumers in Florida often times get confused as to whether they have any Lemon Law rights. Chapter 681, Florida Statutes, titled Motor Vehicle Sales Warranties (“Florida’s Lemon Law”), sets forth remedies to consumers that purchase or lease new vehicles with “nonconformities” that have not been corrected by the vehicles manufacturer, or its authorized service… Read More »
What Is the Equal Credit Opportunity Act?
Consumers apply for credit every day in the United States, from paying for education, purchasing a car, to purchasing a house. The Equal Credit Opportunity Act (“ECOA”), 15 U.S.C. 1691 et seq., protects consumers from unlawful credit discrimination on the basis of race, color, religion, national origin, sex, marital status, age, or because a… Read More »
What Is the Fair Credit Reporting Act?
The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) is the federal statute that regulates the credit reporting industry, including the national credit bureaus Equifax, Experian and Trans Union. The Fair Credit Reporting Act, or “FCRA”, was enacted to protect consumers from the damage that errors in their credit reports could cause…. Read More »
What is the Telephone Consumer Protection Act?
The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) is a federal statute that was enacted in 1991 to address concerns relating to telephone solicitations. Congress passed the TCPA in 1991 in direct response to “[v]oluminous consumer complaints about abuses of telephone technology—for example, computerized calls dispatched to private homes.” The TCPA has… Read More »
The Consumer Financial Protection Bureau Levies Biggest Fine in Its History
The Consumer Financial Protection Bureau (CFPB) is a creation of the Dodd-Frank Wall Street Reform and Consumer Protection Act, passed by Congress on July 21, 2010. Pub. L. No. 111-203, 124 Stat. 1376 (2010) (Dodd-Frank). Title X of Dodd-Frank, titled the Consumer Financial Protection Act of 2010 (CFP Act), established the CFPB as an… Read More »
What is the Florida Consumer Collection Practices Act?
The Florida Consumer Collection Practices Act, Florida Statutes §559.55 et seq. (“FCCPA”) is a Florida statute intended to protect consumers from unfair and deceptive collection activities, and provides for both regulatory enforcement as well as private cause of action. The FCCPA is very similar to its Federal counterpart, the Federal Debt Collection Practices Act… Read More »
How to Avoid Paying Twice as an Owner during a Construction Project in Florida
Imagine one morning you wake up and are drinking coffee in your new kitchen with the finest European appliances accompanied with the deepest deep blue granite with beautiful custom tile floors. You begin to think that you perhaps may have spent a little too much money on the kitchen, however, you’ve done your research… Read More »
The Pitfalls of Preparing and Recording Your Own Construction Lien in Florida
All sectors of the construction industry are cost sensitive, there are many ways to save costs, however, one that is never recommended is preparing and recording your own claim to lien in Florida. All too often, clients discuss commencing litigation on a claim of lien for a significant sum of money that they prepared… Read More »
What to Do When a Lien is Recorded upon Your Property
Assume for a moment that you are the owner of a residence that recently had some renovations completed and one day you discover that a lien has been recorded upon your property. Or, alternatively, you are a general contractor and are required to indemnify the owner for any construction liens recorded against the project,… Read More »
4 Essential Steps in Asserting Lien Rights in Florida
This article examines the four essential steps that must be undertaken by a lienor on a private non-bonded job in order to protect their lien rights in Florida. Section 713.37, Fla. Stat., provides that the Florida construction lien law statute shall not be subject to any rules of liberal interpretation in favor of the… Read More »