Frequently Asked Questions
Q: What is a “consumer” transaction?
A: A consumer transaction is any transaction entered into for personal, family, our household purposes.
Q: What laws govern consumer transactions?
A: A wide variety of laws exist to afford additional protection to consumers in the marketplace. These laws include, but are limited to: Florida’s Unfair and Deceptive Trade Practices Act, Truth-in-Lending Act, Magnuson-Moss Warranty Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Florida Residential Landlord Tenant Act, the Uniform Commercial Code, and a large number of other laws that provide specific additional protections for transactions involving consumers.
Q: Aren’t lawyers expensive? How does a consumer hire an attorney?
A: Nearly all consumer protection laws provide a provision where a consumer who prevails in a lawsuit against a dishonest business can recover their attorney fees from the defendant. The ability of a consumer to recover their fees is important because it allows private lawyers to protect individuals and families, along with honest businesses, from unfair business practices and forms of competition with the need to be burden taxpayers with the creation of a large government watchdog. Most lawyers practicing consumer rights law select their cases very carefully and in many cases work on a contingency fee basis.
Q: What types of damages can a Plaintiff recover in a consumer law claim?
A: Despite media claims, lawsuits brought under consumer protection claims rarely involve excessively large sums of money. Consumer protections claims are “remedial” in nature. That is, the consumer protection laws are designed to compensate the Plaintiff for the monetary damage suffered as a result of the dishonest or unlawful business practice, to encourage compliance with the law by the defendant, and to pay the attorney fees and costs of the Plaintiff. Consumer protection claims can, but rarely do, involve punitive damages.