Category: FDUTPA

FTC’s “Operation Steer Clear” Drives Home That Auto Ads Must Be Truthful

Posted on 01/22/14 by Dana Manner
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The Federal Trade Commission announced  that nine auto dealers agreed to settle deceptive advertising charges, and the agency is taking action against a 10th dealer, in a nationwide sweep focusing on the sale, financing, and leasing of motor vehicles. According to the complaints, the dealers made a variety of misrepresentations in print, Internet, and video […]

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Florida Car Dealers Charge Buyers for Electronic Filing Fees – But is it “Legit”?

Posted on 12/31/13 by Dana Manner
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Florida car dealers are authorized to process titles and registrations using an electronic filing system (EFS) which was implemented in 1996. Dealers may then issue permanent tags rather than temporary tags and car buyers pay an additional fee to the dealer for this service. Few dealers, if any, based upon the transactions that the author […]

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Florida Automobile Dealers Association – Accuse Florida Judges of Ignorance

Posted on 10/22/13 by Dana Manner
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The Florida Automobile Dealers Association (FADA) released a Legislative Alert earlier this year, encouraging member to support their lobbying effort to have Fla. Stat. 501.98 passed into law. This statute provides that before a consumer can sue a dealer for violations of Fla. Stat. 501.976 of Florida’s Unfair and Deceptive Trade Practices Act (FDUPTA) the […]

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Florida Lenders can be Liable for Car Dealer’s Bad Deals

Posted on 12/03/12 by Dana Manner
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Portions of this post were originally published in the Florida Bar Journal November, 2012 Volume 86, No. 9, “Lender Liability for Merchant Misconduct in Consumer Transactions” and are excerpted here with the permission and generosity of the author Ian Forsythe of Hilyard, Bogan & Palmer, P.A. Example: Car buyer purchases a vehicle from a motor vehicle dealer, and finances the […]

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Florida Toyota Dealer Explains Florida’s Dealer Fee Law

Posted on 11/17/12 by Dana Manner
Earl Stewart

I have been following Earl Stewart’s blog for a couple of years now, because I am a consumer advocate attorney that deals in auto dealer fraud. I found Earl’s candor about unfair and deceptive dealer practices refreshing, and to be honest initially I was somewhat skeptical. Recently, I contacted Earl by email, and later by […]

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A Rose By Any Other Name – Clearwater Florida Used Car Dealer Still Has Thorns

Posted on 10/26/12 by Dana Manner
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About six months ago, it came to my attention that a used car dealer in Clearwater, Florida was selling cars on eBay that have “clean” titles and vehicle history reports (e.g. AutoCheck or Carfax) that appear to be good, but car buyers need to read the fine print in this dealer’s eBay advertisements very carefully. […]

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Florida Dealer Sues CarFax for Unfair and Deceptive Practices

Posted on 09/15/12 by Dana Manner
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Lake Worth Florida used car dealer “Off Lease Only” is suing CarFax in Federal Court alleging that their reports aren’t accurate, reports CBS12 http://www.cbs12.com/news/top-stories/stories/vid_2150.shtml Off Lease Only, touts being the largest used car dealer in Florida by selling more than 600 cars a month, and used Carfax reports when buying cars for resale. The dealership alleges that Carfax reports aren’t accurate and sometimes change […]

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Florida Dealer Financing Compliance

Posted on 09/15/12 by Dana Manner
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Here’s an amusing video published by FADA regarding Florida dealer non-compliance with car financing laws. Fast-forward to 0:56 to see the police detective pointing a finger and interrogating the hapless F&I manager. Detective: “You’re not issuing the appropriate notice of credit denial. Your Buyer’s Order does not comply with Chapter 501.” F&I Manager: “You’ll have […]

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Florida Spot Delivery Case Still has Merit

Posted on 09/15/12 by Dana Manner
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Car buyer Garrietta Vereen sued dealer Lou Sobh Automotive of JAX Inc. d/b/a Honda of the Avenues in Jacksonville, alleging that the dealer violated the Truth in Lending and Equal Credit Opportunity acts, Uniform Commercial Code and the state’s retail sales financing law, in a spot delivery case. Buyer also alleged that the dealer violated Florida’s […]

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Florida Beefs Up Consumer Protection

Posted on 07/11/12 by Dana Manner
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The Florida Division of Consumer Services (1-800-HELP-FLA (435-7352) and http://www.800helpfla.com/) part of the Florida Department of Agriculture and Consumer Service which functions as the state’s clearinghouse for consumer information, has recently beefed up its focus on consumer protection by appointing a Consumer Advocate for State of Florida, and making new appointments to the Florida Consumers’ Council. FLORIDA’S […]

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