CONSUMER LAW: TRIAL COURT ERRED BY DISMISSING COMPLAINT UNDER FLORIDA CONSUMER COLLECTION PRACTICES ACT (FCCPA) ON THE GROUND THAT BANK WAS ATTEMPTING TO ENFORCE SECURITY INTEREST RATHER THAN COLLECT A DEBT: FCCPA APPLIES TO BANKS  

Gann v. BAC Home Loans Servicing LP, ___ So. 3d ___, 39 Fla. L. Weekly D1736 (Fla. 2d DCA August 15, 2014)

The plaintiff sued the defendant under the Florida Consumer Collection Practices Act (FCCPA) for continuing to try to collect on the original mortgage after agreeing to modify it.  The trial court erred by dismissing the plaintiff’s complaint based … Click To Read Full Case Law Review...

CONSUMER LAW: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): DEPARTMENT OF LEGAL AFFAIRS HAD STANDING TO ACT AS ENFORCING AUTHORITY BECAUSE STATE ATTORNEY DEFERRED LITIGATION AGAINST DEFENDANTS TO DEPARTMENT: STATUTE OF LIMITATIONS APPLIED ONLY TO ALLEGATIONS OF MISCONDUCT OCCURRING MORE THAN FOUR YEARS BEFORE COMPLAINT WAS FILED: ADDING COST OF CREDIT LIFE AND CREDIT DISABILITY INSURANCE TO MONTHLY PAYMENTS WITHOUT DISCLOSURE IS NOT REDRESSABLE UNDER FDUTPA BECAUSE THESE ACTIVITIES ARE REGULATED BY THE OFFICE OF INSURANCE REGULATION OR THE DEPARTMENT OF FINANCIAL SERVICES, AND THESE ALLEGATIONS WERE CONTRADICTED BY DOCUMENTS ATTACHED TO COMPLAINT: CIVIL PROCEDURE: A COMPLAINT IS SUBJECT TO DISMISSAL IF A CLAIM IS NEGATED BY AN EXHIBIT: INSTALLING GPS TRACKING DEVICES WITHOUT NOTIFICATION TO PURCHASER VIOLATES FDUTPA: RES JUDICATA MAY NOT BE RAISED BY MOTION TO DISMISS UNLESS ITS APPLICABILITY IS APPARENT ON THE FACE OF THE PLEADINGS: AMBIGUITY REGARDING REFUNDABILITY OF DEPOSIT OR MISLEADING CUSTOMERS TO BELIEVE DEPOSIT WAS REFUNDABLE VIOLATES FDUTPA: DEPARTMENT OF LEGAL AFFAIRS COULD NOT RELY ON APPEAL UPON STATUTORY PROVISION IT DID NOT RELY UPON IN TRIAL COURT: USE OF THREATS OR FORCE TO COLLECT DEBTS VIOLATES FDUTPA: ERROR TO DISMISS CLAIM BASED UPON WITHDRAWN MOTION TO DISMISS: ENGAGING IN THE BUSINESS OF RETAIL INSTALLMENT SALES OF MOTOR VEHICLES WITHOUT A LICENSE IN NOT ACTIONABLE UNLESS THE VIOLATION CAUSES ACTUAL DAMAGES TO CONSUMERS

Department of Legal Affairs v. Beach Boulevard Automotive, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1023 (Fla. 1st DCA May 19, 2014)

In this case, the appellate court reviewed the dismissal with prejudice of an amended complaint filed by the Department of Legal Affairs against a motor vehicle dealer for violations of the Florida Deceptive and Unfair … Click To Read Full Case Law Review...

CONSUMER LAW: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): ATTORNEY’S FEES NEED NOT BE PROPORTIONAL TO THE RESULT OBTAINED; CIVIL PROCEDURE: OFFER OF JUDGMENT THAT SOUGHT RELEASE OF EQUITABLE AND MONETARY CLAIMS WAS INEFFECTUAL

Bull Motors, LLC v. Borders, ___ So. 3d ___, 39 Fla. L. Weekly D28 (Fla. 3d DCA December 26, 2013)

The appellate court affirmed an award of $62,000 for costs and attorney’s fees against a car dealer in a FDUTPA case in which the consumer was awarded $5,626.  “As [the car dealer] did not assert any affirmative claims, and only … Click To Read Full Case Law Review...

CONSUMER LAW: FAIR DEBT COLLECTION PRACTICES ACT: FLORIDA CONSUMER COLLECTION PRACTICES ACT: ATTORNEY’S FEES; FLORIDA BAR: GRIEVANCE: IMMUNITY: APPEALS: CERTIORARI: ABSENCE OF HEARING TRANSCRIPT

Kass Shuler, P.A. v. Barchard, ___ So. 3d ___, 38 Fla. L. Weekly D1807 (Fla. 2d DCA August 23, 2013)

The plaintiff (who was named as a defendant in a mortgage foreclosure) sued the defendant (the law firm representing the foreclosing party) in county court for violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, and the … Click To Read Full Case Law Review...

CONSUMER LAW: CLASS ACTIONS: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): FILING A HOSPITAL LIEN DOES NOT CONSTITUTE TRADE OR COMMERCE

Baker v. Baptist Hospital, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D1488 (Fla. 1st DCA July 5, 2013)

The plaintiff filed a class action against a hospital, which filed hospital liens in one county for services rendered in another county.  The trial court, on motion for summary judgment, ruled that the practice was unlawful under “a special Click To Read Full Case Law Review...