Consumer Protection

Off Lease Only, Inc. v. Lejeune Auto Wholesale, Inc.

Trial court erred by entering summary judgment dismissing claim under Florida’s Deceptive and Unfair Trade Practices Act because under the act a plaintiff may seek injunctive relief for possible future violations. Off Lease Only, Inc. v. Lejeune Auto Wholesale, Inc., 187 So.3d 868 (Fla. 3d DCA Feb. 24, 2016).

Bailey v. James S. St. Louis, D.O.

Trial court erred by not awarding damages under Florida’ Deceptive and Unfair Trade Practices Act because the Legislature amended section 501.211(1), Florida Statutes in 2001 so that it applied to any “person” and was no longer limited to consumers.  Bailey v. James S. St. Louis, D.O.,196 So.3d 375 (Fla. 2d DCA Feb. 3, 2016).

Ramos v. Cach, LLC

Trial court did not err by entering a summary final judgment dismissing a consumer’s counterclaim alleging violation of Florida’s Consumer Collection Practices Act (“FCCPA”) by not sending a notice of assignment of debt per section 559.715, Florida Statutes because such statute does not create a private statutory cause of action.  Ramos v. Cach, LLC, 41 Fla. L. Weekly D70 (Fla. 5th DCA Dec. 31, 2015).

Dewar v. Dough Boy Pizza, Inc.

Trial court erred by granting summary judgment dismissing suit for violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 (2006) and denying motion for class certification because the trial court’s decision relied on Palm Beach Golf Center-Boca, Inc,. v. Sarris, 981 F. Supp. 2d 1239 (S.D. Fla. 2013), which was overturned by the Eleventh Circuit Court of Appeals in Palm Beach Golf Center-Boca, Inc,. v. Sarris, 781 F.2 1245(11th Cir. 2015).  Dewar v. Dough Boy Pizza, Inc., 184 So.3d 1169 (Fla. 2d DCA Dec. 16, 2015).

General Motors, LLC v. Bowie

The Lemon Law does not authorize an award of attorney’s fees incurred during arbitration of the refund option. General Motors, LLC v. Bowie, 58 So.3d 934 (Fla. 4th DCA April 20, 2011).