Category Archives: Business Consumer Fraud
Business And Consumer Protection: Why The FDUTPA Is So Important
Whether you are an individual consumer or you own and operate a business, you are entitled to fair treatment from other companies in the market. Our state has strong business and consumer protection laws in place. Most notably, the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) allows businesses and consumers to hold companies… Read More »
Business Fraud: Florida Moving Company Operators Indicted For Alleged $12 Million Scam
On February 18th, 2022, the United States Department of Justice (DOJ) announced that Matthew Pardi and Ashley Lynn Hars, the owners of a Florida-based moving company, have been indicted on criminal fraud charges. The federal complaint contends that their company engaged in a number of different violations, including allegedly holding consumer belongings for “ransom”… Read More »
Businesses Have Broad Legal Standing to File a Lawsuit on the FDUTPA
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is perhaps the most important consumer protection law in our state. Through an FDUTPA claim, a plaintiff can hold a defendant liable for losses related to unfair or deceptive acts or practices. Until recently, there were some questions about when exactly business had a right… Read More »
FDUTPA Claims in Florida: Are ‘As-Is” Provisions in Contracts Always Enforceable?
Many purchase contracts—from real estate agreements to motor vehicle contracts—contain a so-called ‘as-is’ or ‘no-warranty’ clause. As it is popularly understood, an ‘as-is’ contract provision states that the seller makes no express or implied guarantees as to the condition of the property being sold. In other words, the buyer is assuming the risks. While… Read More »
What Remedies are Available Under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA)?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that protects businesses and consumers against fraudulent, deceptive, or other unlawful commercial practices. Unlike its federal counterpart, the statute contains a clear private right of action—meaning a business or a consumer can file a lawsuit against the responsible party for an… Read More »
Report: Florida is the Most Vulnerable State to Identity Theft and Fraud
According to a recent report from WalletHub, Florida has the dubious distinction of being named the most vulnerable state to identity theft and consumer fraud in 2020. This is not the first time that the personal finance organization has recognized Florida as being the most vulnerable state to fraud. Unfortunately, consumer and business fraud… Read More »
Study: Florida has the Most Coronavirus-Related Fraud Claims
According to reporting from ABC 27, Florida tops the country in coronavirus-related fraud. A recent study found that Florida has the dubious distinction of having the most COVID-19 fraud claims in the United States—eclipsing New York, Texas, California, and Pennsylvania. Alarmingly, the study found that fraud reports are up when compared to 2019. COVID-19… Read More »
9 Tips to Protect Your Remote Workforce from Phishing Attacks
As the COVID-19 pandemic forced many companies to switch to remote working, businesses are facing security and data privacy risks now that their employees are working from home. While hackers have used a variety of illegal tools to take advantage of companies’ vulnerabilities, phishing is among the most common fraudulent activities during the coronavirus… Read More »
N95 Mask Manufacturer 3M Files Fraud, Price Gouging Lawsuits Against Companies in Florida
According to reporting from the Tampa Bay Times, 3M—one of the nation’s largest manufacturing companies—has filed fraud lawsuits against several companies around the country, including at least four companies in Florida. In the complaints, 3M alleges that the defendant companies are improperly acting as authorized N95 mask distributors and selling its highly sought after… Read More »
South Florida Medical Provider Sues GEICO for Systematic Fraud; the Insurance Company is Bringing a Counterclaim for Billing Fraud
According to reporting from Insurance Business Magazine, the Florida Spine and Joint Institute (FSJI)—a Miami Lakes-based medical provider—has filed a fraud lawsuit against GEICO, the second largest motor vehicle insurance provider in the United States. In turn, GEICO contends that FSJI has submitted false bills for reimbursement. In this article, our Miami business and… Read More »
IRS Issues Official Warning: Watch Out for Coronavirus Fraud and Scams
The COVID-19 (coronavirus) pandemic and the related shutdowns have put an enormous amount of financial pressure on individuals and businesses. The federal government is rolling out a variety of programs to provide relief and to support the economy. Unfortunately, there is already evidence that fraudsters and scammers are preparing to take advantage of this… Read More »
Security Concerns with Remote Working for Businesses: Tips to Mitigate Online Threats
With over 800,000 confirmed cases of coronavirus (COVID-19) globally, including nearly 200,000 in the U.S., many businesses have switched to remote working in order to survive during this unanticipated period of economic decline. As the coronavirus pandemic has pushed many American companies to mandate remote work, there are security concerns to consider. While switching… Read More »
How Your Business Can Prevent Online Payment Fraud During the Coronavirus Pandemic
During the coronavirus (COVID-19) pandemic, when most companies in the U.S. have to rely on digital tools and online payments, it is easy to become a victim of payment fraud. As the coronavirus pandemic disrupted our daily lives and business operations, credit card hackers and fraudsters take advantage of the panic and vulnerable businesses… Read More »
4 Legal Remedies for Identity Theft and Fraud in Florida
The law calls it “identity theft” when thieves steal your personal information for the purpose of opening new accounts or using existing ones, renting or buying properties, making purchases in your name, or for other sorts of criminal activity. If someone is deliberately using your identity in order to gain a financial advantage, you… Read More »
Proposed Law: The Florida Consumer Data Privacy Act
On January 14th, 2020, the Consumer Data Privacy Act (House Bill 963) was officially introduced in the Florida State House of Representatives. There is also a corresponding bill in the Florida State Senate (SB 1670). If passed and signed into law, these laws, referred to as the Florida Consumer Data Privacy Act, would put… Read More »
NHL’s Florida Panthers Sued for Alleged “Spam Text Message” Marketing
According to reporting from Bloomberg Law, the National Hockey League’s Florida Panthers are being sued over alleged violations of the Telephone Consumer Protection Act of 1991 (TCPA). In bringing a class action lawsuit, two plaintiffs contend that they have received unsolicited, illegal spam text messages from the team after providing their phone numbers for… Read More »
Florida Appeals Court Reverses Mortgage Foreclosure—the Lender Lacked ‘Standing’ to Bring the Claim
On December 4th, 2019, Florida’s Second District Court of Appeal overturned a lower court’s decision in a long-running mortgage foreclosure dispute. In the case of Tony Robinson and Debra Robinson vs Nationstar Mortgage, LLC, the appeals court ruled that the lender did not actually have the right to foreclose on the property. The ruling… Read More »
Mortgage Fraud is Down Nationwide—But Still Highest in South Florida
According to reporting from the Miami Herald, new mortgage fraud cases were down in the third quarter of 2019—both nationwide and in South Florida. However, once again, South Florida leads the nation in mortgage fraud. In fact, the Miami metro area has the most mortgage fraud reports in the country in the first half… Read More »
AutoNation Accused of Selling Unsafe, Unrepaired Vehicles to Consumers
According to reporting from the South Florida Sun Sentinel, consumer advocacy groups are accusing AutoNation—one of the largest sellers of pre-owned vehicles in Florida—of violating certain consumer safety laws. A report released by United States PIRG Education Fund and other pro-consumer organizations contends that AutoNation is selling unrepaired vehicles that have been subject to… Read More »
Florida Air Conditioning Repair Company Charged With Consumer Fraud, Allegedly Targeted Senior Citizens
Sadly, consumer fraud remains a serious problem in Florida. Our state consistently has more consumer fraud complaints per capita than the national average. In the latest in a long line of fraud claims filed in Florida, a company from Valrico was sued by state officials for allegedly defrauding its customers. According to reporting from… Read More »
