Consumer Protection
Miami Consumer Protection Lawyer
Debt collectors who call at all hours. Credit reports that will not get corrected. A new car that keeps going back to the shop. A contract that was not what you were told. Florida and federal law give consumers specific rights in each of these situations, and some of those laws set short deadlines.
Connect Attorneys PLLC reviews consumer problems for clients across Miami-Dade and South Florida, in English and Spanish. Fee arrangements vary depending on the nature and complexity of your matter. Contact us for details.
1-833-77CONNECTConsumer Problems We Review
If a company's conduct cost you money, damaged your credit, or would not stop, it may have violated a consumer protection law. These are the matters we see most often.
- Debt collection harassment
- Credit report errors
- Robocalls and unwanted texts
- Lemon law vehicles
- Auto dealer misrepresentation
- Deceptive sales practices
- Hidden fees and billing disputes
- Collection of debts you do not owe
The Laws That Protect Florida Consumers
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
FDUTPA makes unfair methods of competition, unconscionable acts, and unfair or deceptive acts or practices in any trade or commerce unlawful (F.S. §501.204). A person who suffered a loss from a violation may recover actual damages and may ask a court to declare a practice unlawful and stop it (F.S. §501.211). Misrepresented products and services, undisclosed fees, and misleading sales tactics are common examples.
Florida Consumer Collection Practices Act (FCCPA)
Florida's collection law applies to anyone collecting a consumer debt, including the original creditor, not only collection agencies. Among other things, it prohibits harassing call frequency, contact between 9 p.m. and 8 a.m. without your consent, contacting your employer before a final judgment in most cases, trying to collect a debt the collector knows is not legitimate, and contacting you directly when the collector knows you have a lawyer for that debt (F.S. §559.72). A court may award actual damages, statutory damages of up to $1,000, court costs and reasonable attorney's fees (F.S. §559.77).
Fair Debt Collection Practices Act (FDCPA)
The federal FDCPA governs third-party debt collectors. Unless they know otherwise, collectors must assume the convenient time to contact you is after 8 a.m. and before 9 p.m. (15 U.S.C. §1692c). Individuals may recover actual damages and additional damages of up to $1,000 (15 U.S.C. §1692k).
Fair Credit Reporting Act (FCRA)
If you dispute information on your credit report, the credit bureau generally must complete a reasonable reinvestigation within 30 days of receiving your dispute (15 U.S.C. §1681i). Errors that are not fixed can affect loans, housing, and employment.
Robocalls and Unwanted Texts
The federal Telephone Consumer Protection Act allows recovery of actual losses or $500 per violation, whichever is greater, and up to three times that amount for willful or knowing violations (47 U.S.C. §227(b)(3)). The Florida Telephone Solicitation Act provides a similar $500 minimum (F.S. §501.059). For unwanted sales texts, Florida law generally requires you to reply "STOP" and allow 15 days before filing a claim.
Florida Lemon Law
For new vehicles, the Lemon Law covers problems reported during the 24 months after original delivery (F.S. §681.102). After three repair attempts for the same defect, or 15 or more cumulative days out of service, the consumer gives the manufacturer written notice and a final chance to repair. If the vehicle still cannot be fixed, the manufacturer must refund or replace it (F.S. §681.104).
Not sure which law applies? Call 1-833-77CONNECT for a free consultation. Se habla español.
What to Keep and What Not to Do
- Keep everything in writing. Letters, emails, contracts, receipts, repair orders, and screenshots of texts.
- Log every call. Date, time, caller, number, and what was said. Save voicemails.
- Pull your credit reports and mark every error before disputing.
- Do not ignore court papers. If you were served with a lawsuit, the response deadline is short.
- Watch the calendar. Some consumer claims must be filed within one or two years (15 U.S.C. §1692k(d); F.S. §559.77(4)).
Consumer Protection - Frequently Asked Questions
These FAQs provide general information about Florida law and are not legal advice. The answers may not apply to your specific situation. Consult with an attorney for guidance on your particular case.
What does a consumer protection lawyer do?
A consumer protection lawyer reviews whether a business, lender, debt collector, or dealer broke a law that protects consumers, and if so, what remedies the law provides. That can mean sending a demand, negotiating, or filing a claim under laws such as FDUTPA, the Florida Consumer Collection Practices Act, or federal statutes like the Fair Debt Collection Practices Act.
A debt collector keeps calling me. Is that illegal?
It can be. Florida law prohibits anyone collecting a consumer debt from contacting you between 9 p.m. and 8 a.m. without your consent, calling with such frequency that it can reasonably be expected to harass you, or contacting your employer before a final judgment in most situations (F.S. §559.72). Federal law has similar rules for third-party debt collectors (15 U.S.C. §1692c). Keep a log of every call, voicemail, and letter.
How long do I have to bring a debt collection claim?
Deadlines are short. A claim under the Florida Consumer Collection Practices Act must generally be filed within two years of the violation (F.S. §559.77(4)), and a claim under the federal Fair Debt Collection Practices Act within one year (15 U.S.C. §1692k(d)). Other consumer laws have their own deadlines.
Who pays the attorney's fees in a consumer case?
It depends on the law. Some consumer statutes allow a court to order the business to pay the consumer's reasonable attorney's fees and costs (for example, F.S. §559.77(2)). Under FDUTPA, the court may award fees to the prevailing party, which can be either side (F.S. §501.2105). Fee arrangements with our firm vary depending on the nature and complexity of your matter, and we explain them before you decide anything.
My new car keeps going back to the shop. Do I have a lemon law claim?
Possibly. Florida's Lemon Law covers problems reported during the 24 months after the vehicle was first delivered (F.S. §681.102). It generally applies after three repair attempts for the same defect, or after the vehicle has been out of service for 15 or more cumulative days, followed by written notice to the manufacturer (F.S. §681.104). Keep every repair order.
Have a question not listed here? Call 1-833-77CONNECT. Se habla español.
Dealing With a Company That Broke the Rules?
Tell us what happened. We will review the documents, explain which consumer laws may apply, and tell you what your options are.
1-833-77CONNECTConnect Attorneys PLLC
701 Brickell Avenue, Suite 1550
Miami, FL 33131
Consultations by appointment
Fee arrangements vary depending on the nature and complexity of your matter. Contact us for details.
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