Chapter 1: Sources of Law and Power 1-1 Introduction 1-2 Federal Trade Commission ("FTC") 1-2:1 Florida''s "Little FTC" 1-3 Department of Legal Affairs : Florida Office of the Attorney General 1-4 Florida Consumer Protection Division 1-5 Florida Department of Agriculture and Consumer Services 1-5:1 Consumer Complaint Form 1-6 Florida Office of Financial Regulation 1-7 Florida Bar 1-8 Courts and Jurisdiction 1-8:1 Small Claims Case 1-8:2 Civil Case Cover Sheet 1-8:3 Civil Case Cover Sheet Instructions Chapter 2: Consumer Laws--General Provisions 2-1 Florida Anti-Tampering Act 2-2 Consumer Report Security Freeze 2-2:1 Requirements of Consumer Reporting Agency 2-2:2 Exceptions and Exclusions 2-2:3 Written Disclosures Required 2-2:4 Fees and Costs 2-2:5 Remedies 2-3 Credit Cards 2-3:1 Service Station Credit Cards and Franchise Agreements 2-3:2 Credit Card Surcharge 2-3:3 Restrictions on Information Printed on Credit Card Receipts 2-4 Health Studios 2-4:1 Health Studio Contracts 2-4:1.1 Change in Ownership 2-4:1.2 Future Services Contracts 2-4:2 Registration and Enforcement 2-4:3 Bonding and Security Requirements 2-4:4 Exemptions 2-4:5 Remedies 2-5 Home Solicitation 2-5:1 Permitting 2-5:1.1 Revocation, Suspension, or Denial of Sale Permit 2-5:2 Written Agreement 2-5:3 Buyer''s Rights and Duties 2-5:4 Exclusions 2-5:5 Remedies 2-6 Florida ''s Commercial Weight-Loss Practices Act 2-6:1 Weight-Loss Consumer Bill of Rights 2-6:1.1 Disclosure Requirements 2-6:1.2 Posting Requirements 2-6:2 Restrictions 2-6:2.1 Advertising Restrictions 2-6:2.2 Protections for Persons Under 18 2-6:3 Remedies 2-7 Telephone Solicitation 2-7:1 No Sales Solicitation Calls Listing 2-7:1.
1 Prior or Existing Business Relationship Exemption 2-7:2 Contracts Made Via Telephone Sales Call 2-7:3 Enforcement and Civil Penalties 2-7:4 Attorney''s Fees 2-8 Consumer Unit Pricing Act 2-9 Bedding Label Act 2-10 True Origin of Digital Goods Act 2-11 Price Gouging 2-11:1 Introduction 2-11:1.1 Declaration of a State of Emergency 2-11:1.2 Evidence of Price Gouging 2-11:1.3 Exclusions 2-11:1.4 No Private Cause of Action 2-11:2 Application 2-12 Service Contracts Chapter 3: Deceptive and Unfair Trade Practices 3-1 INTRODUCTION 3-2 Enforcement Authorities 3-2:1 Cease and Desist Order 3-3 Construction and Application 3-4 Jurisdiction 3-5 "Unfairness " 3-6 "Legitimate Business Enterprises" 3-7 Deception 3-8 "Consumer" 3-9 "Trade or Commerce " 3-9:1 Debt Collection 3-10 Class Certification 3-11 Civil Penalties and Remedies 3-12 Individual Remedies and Damages 3-13 Exemptions Chapter 4: Attorney''s Fees--FDUTPA 4-1 501.2105 Attorney''s fees 4-2 Overview 4-3 Jurisdiction 4-4 Applicability to "Consumer Transactions " 4-5 Judicial Discretion and the Requirement of a Judgment 4-6 Class Actions 4-7 "Prevailing Party " under FDUTPA 4-8 Computation and Proof of Attorney''s Fees and Costs 4-9 Appeal Chapter 5: Automobiles 5-1 INTRODUCTION 5-2 Aftermarket Crash Parts 5-2:1 Purpose and Definitions 5-2:2 Disclosure Requirements 5-3 Motor Vehicle Warranty Enforcement Act ("Lemon Law ") 5-3:1 Manufacturer Duties 5-3:2 Nonconformity of Motor Vehicles 5-3:3 Consumer Remedies and Dealer Liability 5-4 Vehicles: Unfair or Deceptive Acts or Practices 5-4:1 Demand Letter 5-4:2 Civil Litigation: Conditions 5-4:3 Attorney''s Fees 5-5 Florida Motor Vehicle Repair Act 5-5:1 Written Repair Estimate and Disclosure Statement 5-5:2 Changes to Repair Estimates and Unlawful Charges 5-5:3 Invoice Required 5-5:4 Bond to Release Possessory Lien 5-5:5 Exceptions 5-5:6 Remedies 5-6 Motor Vehicle Lease Disclosure Act 5-7 Motor Vehicle Retail Sales Finance Act 5-7:1 Licenses 5-7:2 Requirements and Prohibitions as to Retail Installment Contracts 5-7:3 Finance Charge Limitation 5-7:4 Simple-Interest Contracts 5-7:5 Credit upon Anticipation of Payments 5-7:6 Penalties 5-7:7 Variable Rate Contracts and Mobile Homes 5-7:8 Termination of Retail Installment Contract by a Service Member Chapter 6: Florida Telemarketing Act 6-1 INTRODUCTION 6-1:1 De Lage Landen Fin. Svcs., Inc.
v. Cricket''s Termite Control, Inc. example of illicit telemarketing activities 6-2 Licensing of Commercial Telephone Sellers 6-3 Required Disclosures 6-4 Contract Requirement 6-5 Exclusions 6-6 Remedies Chapter 7: Miscellaneous Provisions 7-1 Antifreeze Act of 1978 7-1:1 Registration 7-1:2 Violations and Penalties 7-2 Used Watches 7-3 Copyright Owners and Performing Rights Societies 7-4 Industrial Hygienists 7-5 Gift Certificates and Credit Memos 7-6 Print Advertisements 7-7 Advertising : Veterans'' Organizations 7-8 Internet Sales Chapter 8: Patent Troll Prevention Act 8-1 INTRODUCTION 8-2 Bad Faith Assertions of Patent Infringement 8-3 Bond Requirement 8-4 Private Right of Action 8-5 Exemptions Chapter 9: Florida Funeral, Cemetery, and Consumer Services Act 9-1 INTRODUCTION 9-2 Unlicensed Practice and Remedies 9-3 Disclosure of Information to Public 9-4 Punitive Damages 9-5 Class Actions Chapter 10: Regulation of Trade, Commerce, and Investments 10-1 Fire and Going-Out-of-Business Sales 10-2 Buying Services Act of 1991 10-2:1 Membership Contracts 10-2:2 Membership Cancellation 10-2:3 Required Disclosures and Prohibited Acts 10-3 Florida Commercial Collection Practices Act 10-3:1 Registration and Exemptions 10-3:2 Remedies 10-4 Florida Consumer Collection Practices Act 10-4:1 Debt 10-4:2 Debt Collector 10-4:3 Attorney''s Fees 10-4:4 Registration 10-4:5 Prohibited Practices 10-4:6 Consumer Complaints 10-4:7 Class Actions 10-4:8 Remedies and Penalties 10-5 Sale of Business Opportunities Act 10-5:1 Contract and Disclosure Requirement 10-5:2 Prohibited Acts 10-5:3 Remedies and Enforcement Chapter 11: Household Moving Services 11-1 INTRODUCTION 11-2 Registration 11-3 Estimates 11-4 Delivery and Storage 11-6 Remedies Chapter 12: Lodging and Food Service Establishments 12-1 INTRODUCTIOn 12-2 Public Lodging Establishment 12-3 Food Service Establishment 12-4 Duties of Operators and Liability for Guest Property 12-5 Refusing Accommodations 12-6 Telephone Surcharges 12-7 Automatic Gratuity 12-8 Misrepresenting Food or Food Product Chapter 13: Milk, Milk Products, and Frozen Desserts 13-1 INTRODUCTION 13-2 Labeling of Shelf Life 13-3 Sale of Milk and Milk Products 13-4 Future Dairy Farms and Milk and Fro zen Dessert Plants 13-5 Imitation and Substitute Milk and Milk Products 13-6 Prohibited Acts 13-7 Penalties and Injunction Chapter 14: Produce Labeling Act of 1979 14-1 INTRODUCTION 14-2 Penalties 14-3 Produce Labeling Act of 1979 Chapter 15: Florida Membership Campground Act 15-1 INTRODUCTION 15-1:1 Right to Cancel 15-1:2 Required Disclosures 15-2 Trust accounts 15-3 Lawful Advertising and Disclosures 15-4 Prize and Gift Promotional Offers 15-5 Purchasers '' Remedies Chapter 16: Retail Installment Sales 16-1 The Retail Installment Sales Act 16-1:1 Retail Installment Contracts 16-1:2 Simple-Interest Contracts 16-1:3 Revolving Accounts 16-1:4 Mail Order and Telephone Sales 16-1:5 Delinquency Charges, Attorney''s Fees and Court Costs 16-1:6 Penalties 16-2 The Installment Sales Finance Act 16-3 Home Improvement Sales and Finance 16-3:1 Contract: Content and Prohibitions 16-3:2 Finance Charge Limitation 16-3:3 Simple-Inter.