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Florida's Consumer Protection Statute Amended to Exclude Emails as Prohibited After-Hours Communications

The Florida Consumer Collection Practices Act (FCCPA) – Florida's state-law version of the federal Fair Debt Collection Practices Act (FDCPA) – has long been the subject of consumer protection lawsuits, including, in recent...more

Florida Court Reverses Desbrunes Decision Based on Homestead Status

Florida's Fourth District Court of Appeal issued on May 8, 2024, its much-anticipated new opinion on the lender's motion for rehearing in Ronald Desbrunes v. U.S. Bank National Association, as Trustee, which affirms the final...more

Florida Legislature Course-Corrects with Amendments to the FTSA

In 2021, the Florida Legislature took drastic action in amending the Florida Telephone Solicitation Act (FTSA) to make the statute more consumer-friendly after the United States Supreme Court's landmark decision in Facebook...more

Florida's New Sixth District Court of Appeal: What It Means for Judges and Attorneys in the State of Florida

On June 2, 2022, Florida Governor Ron DeSantis signed HB 7027, creating Chapter 2022-163, Laws of Florida, which established the Sixth District Court of Appeal (DCA) – Florida's first new appellate court since the creation of...more

Worry No More – Maps and Images Subject to Judicial Notice in Florida

The Florida Legislature has voted in support of CS/HB 677, which will create a new subsection of the Florida Evidence Code on the subject of judicial notice. Specifically, when it goes into effect on July 1, 2022, Section...more

Florida Update – No Standing, No Fees is Dead: Borrowers Can Recover Fees When They Prevail on a Standing Defense

In an opinion issued on December 31, 2020, the Florida Supreme Court resolved a certified conflict between several of the Florida appellate courts as to whether borrowers who prevail on an argument that the lender lacked...more

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