News & Analysis as of

Consumer Protection Laws Florida

Zelle  LLP

Lawsuit Against Character Technologies Moves Forward in Florida Federal Court

Zelle LLP on

Similar to a lawsuit against Character Technologies filed in Texas (which has been sent to arbitration), the Florida case, Megan Garcia and Sewell Setzer, Jr. v. Character Technologies, Inc., et al, No. 6:24-cv-01903-ACC-DCI,...more

Bradley Arant Boult Cummings LLP

Florida Closes the Door on “Quiet Hour” Email Claims Under the FCCPA

Over the past few years, we’ve seen a wave of consumer lawsuits filed under Florida’s Consumer Collection Practices Act (FCCPA), many of them alleging violations of the law’s “quiet hours” provision based solely on the timing...more

Baker Donelson

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

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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

Akerman LLP - Health Law Rx

New Florida Law Requires Licensed Health Care Facilities, Providers, and Practitioners to Promptly Refund Patient Overpayments

Don’t sit on those patient credits. Effective January 1, 2026, a new Florida law (CS/CS/SB 1808) requires licensed health care facilities, providers, and practitioners (each, a “Licensed Provider”) to refund any overpayment...more

Orrick, Herrington & Sutcliffe LLP

Florida updates law to allow communication with debtors via emails overnight

On May 20, the Florida Legislature enacted a bill, SB 232, amending the state’s debt collection practices. The legislation addresses the use of email communication, excluding it from the prohibited contact hours of 9:00 p.m....more

Katten Muchin Rosenman LLP

Financial Services and Technology: Florida Changes Law to Make Clear that Collection-Related Emails Are Not Included in the...

On May 16, Governor Ron DeSantis signed bill CS/CS/SB 232 into law. The bill includes modifications to the Florida Consumer Collection Practices Act (FCCPA) to make clear that the prohibition on communications between “9...more

Faegre Drinker Biddle & Reath LLP

FTSA’s Application to Nonprofits Remains Unsettled as Florida’s Legislative Session Will End Without Remedial Legislation

The FTSA - The FTSA (Fla. Stat. § 501.059), often referred to as Florida’s mini-TCPA, regulates how and when solicitors can call and text consumers. Most notably for present purposes, it prohibits telephonic solicitations...more

Kelley Drye & Warren LLP

Florida Sues Snap Using New Social Media Law and Old UDAP Theories

Florida Attorney General James Uthmeier sued Snap, Inc., the operator of the social media platform Snapchat, last week for violations of Florida’s HB 3 (§§ 501.1736–.1738, Fla. Stat. (2024)) and the Florida Deceptive and...more

Cozen O'Connor

States Crack Down on Tech Platforms Over Child Safety

Cozen O'Connor on

New Jersey AG Matthew Platkin and the Division of Consumer Affairs have filed a lawsuit against messaging app provider Discord, Inc., alleging deceptive business practices in violation of state consumer protection laws. The...more

Cozen O'Connor

Florida Secures Order Blocking Enforcement of Real Estate Agreements

Cozen O'Connor on

Florida Attorney General’s Office has secured a permanent injunction against MV Realty PBC, LLC and affiliates (collectively, “MV Realty”) prohibiting it from enforcing certain real estate agreements that the court concluded...more

Searcy Denney Scarola Barnhart & Shipley

Tesla’s Smart Summon Dilemma: Who Will Be Held Accountable for Tesla’s Risky Push Into Autonomous Technology?

The latest controversy surrounding Tesla’s push into autonomous driving technology has sparked an investigation by U.S. safety regulators into its “Actually Smart Summon” feature. This feature, which allows drivers to summon...more

Adams & Reese

Florida Launches “Check My Contract” Program in Wake of Hurricane-Related Insurance Claims

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In a proactive move aimed at protecting property owners, the Florida Department of Financial Services (DFS) has launched what it refers to as its “Check My Contract” program. This initiative is geared towards residential and...more

Searcy Denney Scarola Barnhart & Shipley

Get the Help You Need: Navigating Product Liability Cases in Florida

Product liability cases in Florida, as in any other state, involve legal claims against manufacturers, distributors, or sellers of defective products that cause harm to consumers. These cases can be complex, involving various...more

Lowenstein Sandler LLP

New State Data Protection Laws Will Impact Business Nationwide: What You Need to Know

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What You Need To Know: •The Texas Data Privacy and Security Act has broader jurisdiction than any other state data protection law and will regulate the data processing activities of thousands of companies for the first...more

Sheppard Mullin Richter & Hampton LLP

Florida Expands its “De-Banking” Law

Florida is one of several states that has enacted “de-banking” legislation that requires financial institutions to provide consumers with fair access to financial products and services. On May 3, Governor DeSantis signed into...more

McGlinchey Stafford

Florida Amends GAP Law and Paves Way to Sell and Finance Innovative Ancillary Products

McGlinchey Stafford on

On May 6, 2024, Florida enacted SB 902, clearing the way for dealers to sell excess wear and use waivers on leases and vehicle value protection agreements. The bill, which will take effect on October 1, 2024, makes Florida...more

McDermott Will & Schulte

Weight-Loss Programs in Florida: State Law Considerations for GLP-1 Telehealth Providers

As more telehealth providers offer weight-loss programs, they should be aware of the potential impact of state laws and regulations. In this blog post, we take a closer look at Florida’s consumer protection laws regarding...more

King & Spalding

Southern District of Florida Dismisses RICO Claims in Putative Automotive Class Action

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On March 30, 2021, the U.S. District Court for the Southern District of Florida entered an order dismissing all but one claim against Daimler AG and Mercedes-Benz USA, LLC (collectively, the “Mercedes Defendants”) in a...more

Pillsbury Winthrop Shaw Pittman LLP

Consumer Class Actions in the Wake of COVID-19

One month into the declaration of a national emergency, the flood of coronavirus-related consumer class action litigation can be grouped into several distinct categories. Consumer class action suits to date have primarily...more

Troutman Pepper Locke

Submission of Pre-Suit Claim Notice Required by Construction Defect Statute Timely ‘Commences the Action’ Within the Meaning of...

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Gindel v. Centex Homes, 2018 Fla. App. LEXIS 13019 (Fla. 4th DCA Sept. 12, 2018) - A group of townhome owners (the “Homeowners”) sued the contractor and a subcontractor (collectively, “Contractor”) who built their...more

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