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Florida Consumer Law

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FCONS17
An unpacking of Florida’s Deceptive and Unfair Trade Practices Act to provide practitioners, consumers, & businesses an easy-to-navigate treatise detailing FL law, how it's been interpreted & applied.

Florida is a rich jurisdiction to explore consumer protection law. Not only does the state have a robust travel and tourism industry—inclusive of amusement parks of worldwide appeal—but it also has a dedicated set of consumer protection laws such as the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) that is patterned after federal consumer protection law and intensely litigated in state and federal courts around Florida. This book thus aims to assist readers of every background to navigate one of the nation’s most complex bodies of consumer law.

This book was conceived and designed chiefly to provide practitioners, consumers, businesses, and students of consumer protection law with an easy-to-navigate treatise detailing what Florida law is and how it has been interpreted and applied in a broad variety of commercial settings, from cemetery and funeral proprietors to debt collectors to automobile sales and repair shops to mortgage brokers. The statutes, regulations, and case law that comprise Florida consumer law in these and other areas of state trade and commerce is set out across more than 20 chapters.

Timothy M. Ravich is an Assistant Professor at the University of Central Florida, Department of Legal Studies, College of Health and Public Affairs and Professor Ravich is a veteran of Chicago-based McDermott, Will & Emery, prosecuting and defending a variety of commercial litigation and tort defense matters on behalf of individuals, Fortune 500 corporations, and municipalities.


Additional Information
SKU FCONS17
Division Name Daily Business Review
Volumes 0
Product Types Books
Brand Daily Business Review (FL)
Publication Date June 15, 2017
Jurisdiction Florida
ISBN 978-1-62881-319-7
Page Count 0
Edition 2
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Chapter 1: Sources of Law and Power
1-1 Introduction
1-2 Federal Trade Commission (“FTC”)
1-2:1 Florida’s “Little FTC”
1-3 Department of Legal Affairs :
Florida Office of the Attorney General
1-4 Florida Consumer Protection Division
1-5 Florida Department of Agriculture
and Consumer Services
1-5:1 Consumer Complaint Form
1-6 Florida Office of Financial
Regulation
1-7 Florida Bar
1-8 Courts and Jurisdiction
1-8:1 Small Claims Case
1-8:2 Civil Case Cover Sheet
1-8:3 Civil Case Cover Sheet Instructions
Chapter 2: Consumer Laws—General Provisions
2-1 Florida Anti-Tampering Act
2-2 Consumer Report Security Freeze
2-2:1 Requirements of Consumer Reporting
Agency
2-2:2 Exceptions and Exclusions
2-2:3 Written Disclosures Required
2-2:4 Fees and Costs
2-2:5 Remedies
2-3 Credit Cards
2-3:1 Service Station Credit Cards
and Franchise Agreements
2-3:2 Credit Card Surcharge
2-3:3 Restrictions on Information
Printed on Credit Card Receipts
2-4 Health Studios
2-4:1 Health Studio Contracts
2-4:1.1 Change in Ownership
2-4:1.2 Future Services Contracts
2-4:2 Registration and Enforcement
2-4:3 Bonding and Security Requirements
2-4:4 Exemptions
2-4:5 Remedies
2-5 Home Solicitation
2-5:1 Permitting
2-5:1.1 Revocation, Suspension,
or Denial of Sale Permit
2-5:2 Written Agreement
2-5:3 Buyer’s Rights and Duties
2-5:4 Exclusions
2-5:5 Remedies
2-6 Florida ’s Commercial Weight-Loss
Practices Act
2-6:1 Weight-Loss Consumer Bill of Rights
2-6:1.1 Disclosure Requirements
2-6:1.2 Posting Requirements
2-6:2 Restrictions
2-6:2.1 Advertising Restrictions
2-6:2.2 Protections for Persons Under 18
2-6:3 Remedies
2-7 Telephone Solicitation
2-7:1 No Sales Solicitation Calls Listing
2-7:1.1 Prior or Existing Business
Relationship Exemption
2-7:2 Contracts Made Via Telephone Sales Call
2-7:3 Enforcement and Civil Penalties
2-7:4 Attorney’s Fees
2-8 Consumer Unit Pricing Act
2-9 Bedding Label Act
2-10 True Origin of Digital Goods Act
2-11 Price Gouging
2-11:1 Introduction
2-11:1.1 Declaration of a State of Emergency
2-11:1.2 Evidence of Price Gouging
2-11:1.3 Exclusions
2-11:1.4 No Private Cause of Action
2-11:2 Application
2-12 Service Contracts
Chapter 3: Deceptive and Unfair Trade Practices
3-1 INTRODUCTION
3-2 Enforcement Authorities
3-2:1 Cease and Desist Order
3-3 Construction and Application
3-4 Jurisdiction
3-5 “Unfairness ”
3-6 “Legitimate Business Enterprises”
3-7 Deception
3-8 “Consumer”
3-9 “Trade or Commerce ”
3-9:1 Debt Collection
3-10 Class Certification
3-11 Civil Penalties and Remedies
3-12 Individual Remedies and Damages
3-13 Exemptions
Chapter 4: Attorney’s Fees—FDUTPA
4-1 501.2105 Attorney’s fees
4-2 Overview
4-3 Jurisdiction
4-4 Applicability to “Consumer
Transactions ”
4-5 Judicial Discretion and
the Requirement of a Judgment
4-6 Class Actions
4-7 “Prevailing Party ” under FDUTPA
4-8 Computation and Proof of
Attorney’s Fees and Costs
4-9 Appeal
Chapter 5: Automobiles
5-1 INTRODUCTION
5-2 Aftermarket Crash Parts
5-2:1 Purpose and Definitions
5-2:2 Disclosure Requirements
5-3 Motor Vehicle Warranty Enforcement
Act (“Lemon Law ”)
5-3:1 Manufacturer Duties
5-3:2 Nonconformity of Motor Vehicles
5-3:3 Consumer Remedies and Dealer Liability
5-4 Vehicles: Unfair or Deceptive Acts
or Practices
5-4:1 Demand Letter
5-4:2 Civil Litigation: Conditions
5-4:3 Attorney’s Fees
5-5 Florida Motor Vehicle Repair Act
5-5:1 Written Repair Estimate and Disclosure Statement
5-5:2 Changes to Repair Estimates
and Unlawful Charges
5-5:3 Invoice Required
5-5:4 Bond to Release Possessory Lien
5-5:5 Exceptions
5-5:6 Remedies
5-6 Motor Vehicle Lease Disclosure Act
5-7 Motor Vehicle Retail Sales Finance Act
5-7:1 Licenses
5-7:2 Requirements and Prohibitions as to Retail
Installment Contracts
5-7:3 Finance Charge Limitation
5-7:4 Simple-Interest Contracts
5-7:5 Credit upon Anticipation of Payments
5-7:6 Penalties
5-7:7 Variable Rate Contracts and Mobile Homes
5-7:8 Termination of Retail Installment
Contract by a Service Member
Chapter 6: Florida Telemarketing Act
6-1 INTRODUCTION
6-1:1 De Lage Landen Fin. Svcs., Inc. v. Cricket’s
Termite Control, Inc. example of illicit
telemarketing activities
6-2 Licensing of Commercial
Telephone Sellers
6-3 Required Disclosures
6-4 Contract Requirement
6-5 Exclusions
6-6 Remedies
Chapter 7: Miscellaneous Provisions
7-1 Antifreeze Act of 1978
7-1:1 Registration
7-1:2 Violations and Penalties
7-2 Used Watches
7-3 Copyright Owners and Performing
Rights Societies
7-4 Industrial Hygienists
7-5 Gift Certificates and Credit Memos
7-6 Print Advertisements
7-7 Advertising : Veterans’ Organizations
7-8 Internet Sales
Chapter 8: Patent Troll Prevention Act
8-1 INTRODUCTION
8-2 Bad Faith Assertions of Patent
Infringement
8-3 Bond Requirement
8-4 Private Right of Action
8-5 Exemptions
Chapter 9: Florida Funeral, Cemetery, and Consumer Services Act
9-1 INTRODUCTION
9-2 Unlicensed Practice and Remedies
9-3 Disclosure of Information to Public
9-4 Punitive Damages
9-5 Class Actions
Chapter 10: Regulation of Trade, Commerce,
and Investments
10-1 Fire and Going-Out-of-Business Sales
10-2 Buying Services Act of 1991
10-2:1 Membership Contracts
10-2:2 Membership Cancellation
10-2:3 Required Disclosures and Prohibited Acts
10-3 Florida Commercial Collection
Practices Act
10-3:1 Registration and Exemptions
10-3:2 Remedies
10-4 Florida Consumer Collection
Practices Act
10-4:1 Debt
10-4:2 Debt Collector
10-4:3 Attorney’s Fees
10-4:4 Registration
10-4:5 Prohibited Practices
10-4:6 Consumer Complaints
10-4:7 Class Actions
10-4:8 Remedies and Penalties
10-5 Sale of Business Opportunities Act
10-5:1 Contract and Disclosure Requirement
10-5:2 Prohibited Acts
10-5:3 Remedies and Enforcement
Chapter 11: Household Moving Services
11-1 INTRODUCTION
11-2 Registration
11-3 Estimates
11-4 Delivery and Storage
11-6 Remedies
Chapter 12: Lodging and Food Service Establishments
12-1 INTRODUCTIOn
12-2 Public Lodging Establishment
12-3 Food Service Establishment
12-4 Duties of Operators and Liability
for Guest Property
12-5 Refusing Accommodations
12-6 Telephone Surcharges
12-7 Automatic Gratuity
12-8 Misrepresenting Food or Food Product
Chapter 13: Milk, Milk Products, and Frozen Desserts
13-1 INTRODUCTION
13-2 Labeling of Shelf Life
13-3 Sale of Milk and Milk Products
13-4 Future Dairy Farms and Milk
and Fro zen Dessert Plants
13-5 Imitation and Substitute Milk
and Milk Products
13-6 Prohibited Acts
13-7 Penalties and Injunction
Chapter 14: Produce Labeling Act of 1979
14-1 INTRODUCTION
14-2 Penalties
14-3 Produce Labeling Act of 1979
Chapter 15: Florida Membership Campground Act
15-1 INTRODUCTION
15-1:1 Right to Cancel
15-1:2 Required Disclosures
15-2 Trust accounts
15-3 Lawful Advertising and Disclosures
15-4 Prize and Gift Promotional Offers
15-5 Purchasers ’ Remedies
Chapter 16: Retail Installment Sales
16-1 The Retail Installment Sales Act
16-1:1 Retail Installment Contracts
16-1:2 Simple-Interest Contracts
16-1:3 Revolving Accounts
16-1:4 Mail Order and Telephone Sales
16-1:5 Delinquency Charges, Attorney’s Fees
and Court Costs
16-1:6 Penalties
16-2 The Installment Sales Finance Act
16-3 Home Improvement Sales and Finance
16-3:1 Contract: Content and Prohibitions
16-3:2 Finance Charge Limitation
16-3:3 Simple-Interest Contracts
16-3:4 Unauthorized Charges
16-3:5 Mortgages and Promissory Notes
16-3:6 Completion Certificate
16-3:7 Statement of Account
16-3:8 Cancellation of Contract on Payment in Full
16-3:9 Credit to Owner on Prepayment
16-3:10 Delinquency and Collection Charges;
Courts Costs and Attorney’s Fees
16-3:11 Extension or Deferment
16-3:12 Receipt for Cash Payment
and Payment to Assignor
16-3:13 Assignments of Contracts or Notes
16-3:14 Prohibited Acts
16-3:15 Uttering a False Completion Certificate
16-3:16 Compensation of Other Licensees
16-3:17 Penalties
Chapter 17: Rental-Purchase Agreement Act
17-1 INTRODUCTION
17-2 Receipts
17-3 Reinstatement
17-4 Prohibitions : Rental -Purchase Agreement
17-5 Damages , Limitations and Waiver
Chapter 18: Consumer Finance Act
18-1 INTRODUCTION
18-2 Finance Charges and Maximum Rates
18-2:1 Interest
18-2:2 Unpaid Interest upon Refinancing or Default
18-2:3 Annual Percentage Rate Under Federal
Truth in lending Act
18-2:4 Other Charges
18-2:5 Dividend Loans
18-2:6 Unpaid Interest on Refinancing
18-2:7 Rate of Interest Upon Default
18-3 Duties and Restrictions of Licensee
18-4 Restriction of Borrower ’s Indebtedness
18-5 Consumer Protection and
Credit Counseling
18-5:1 Restriction on Certain Negotiable Instruments
and installment Contracts
18-5:2 Limitation on Deficiency Claims
18-5:3 Cross Collateral
Chapter 19: Title Loans
19-1 INTRODUCTION
19-2 Licensure
19-3 Title Loan Agreement
19-4 Title Loan Charges
19-5 Prohibited Acts
Chapter 20: Amusement Facilities
20-1 Amusement Ride and Attraction
Insurance Act
20-2 Licenses, Permits and Certificates
20-3 Exemptions
20-4 Amusement Games or Machines
20-4:1 Type A
20-4:2 Type B
20-4:3 Type C
Chapter 21: Sellers of Travel
21-1 INTRODUCTION
21-2 Certification of Business Activities
21-3 Security Requirements
21-4 Vacation Certification Documents:
Submission, Record keeping,
Cancellations and Refund Procedures
21-5 Violations
21-6 Exemptions
21-7 Remedies
21-8 Preemption
Table of Cases
Index
Timothy M. Ravich
Timothy M. Ravich is an Assistant Professor at the University of Central Florida, Department of Legal Studies, College of Health and Public Affairs and Professor Ravich is a veteran of Chicago-based McDermott, Will & Emery, prosecuting and defending a variety of commercial litigation and tort defense matters on behalf of individuals, Fortune 500 corporations, and municipalities.

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