Author Archives: Jay Butchko
How Arbitration Agreements Can Bite The Businesses That Draft Them
Many consumer contracts and agreements contain arbitration provisions. These are usually inserted at the behest of a business owner seeking to minimize its own exposure to potential litigation should the consumer have a legitimate grievance. Arbitration often restricts many of the rights consumers would otherwise have in a traditional litigation forum. On the other… Read More »
How Florida Businesses May Be Sued For Firing “Whistleblowers”
Generally speaking, a Florida business can fire an employee for any reason, or even no reason at all. Of course, the law does make a number of exceptions. For example, you cannot fire an employee because of a legally protected characteristic, such as race or sex. You may also be liable if you fire… Read More »
FTC, Florida Attorney General Shut Down Fraudulent “Credit Card Debt Relief” Scheme Based In Orlando
Debt is something that most of us have had to struggle with at one time or another. A sudden job loss or unexpected major expense can quickly throw your finances into chaos. And as the unpaid bills mount, you start looking for any possible solution that may help you catch up. This is often… Read More »
Are Cryptocurrency Projects Subject To Federal Securities Laws?
During the recent Super Bowl, the most widely discussed commercials were those for various cryptocurrency projects. This has prompted a good deal of discussion over whether cryptocurrency is a legitimate investment or just another Ponzi scheme. Indeed, one question many people have about cryptocurrency is to what extent, if at all, various consumer protection… Read More »
Using Arbitration Agreements To Resolve Civil Disputes In Florida
The prospect of contract litigation is often daunting for Florida business owners. One way to help insure against the risk of potentially lengthy litigation is to include binding arbitration clauses in business contracts. Federal law provides strong protections for such arbitration agreements, which can help provide for a quicker, less costly resolution should a… Read More »
Can I Be Forced To Arbitrate A Dispute Over A False Credit Report Item?
The Fair Credit Reporting Act (FCRA) is a federal law that gives consumers the right to challenge false or inaccurate information on their credit reports. For instance, if a creditor falsely tells a credit reporting agency that you owe it money, you can sue for damages under the FCRA. The reporting agencies may also… Read More »
Are Unwanted Telemarketing Texts An “Invasion Of Privacy”?
The Telephone Consumer Protection Act (TCPA) is a federal statute that restricts the use of telemarketing and automated “robo-calls” to make commercial solicitations. Among other practices, the TCPA bans the use of “unsolicited text messages to cellular telephones without the … consent or the recipients.” So if a company is texting you unwanted advertising,… Read More »
Does An Arbitration Clause Survive The “For Cause” Termination Of An Employment Agreement?
Business contracts often contain detailed procedures for addressing alleged breaches of either party’s obligations. Such procedures may include a requirement to submit any unresolved dispute to binding arbitration. Such arbitration clauses are often controversial, with an aggrieved party frequently going to court anyway to argue the clause is illegal for some reason. For example,… Read More »
How Can You Prove Another Business Stole Your Name?
A business name is not only crucial to a company’s identity. It is also a piece of intellectual property that must be protected. This is why federal and Florida state laws make it possible to sue for infringement trademarks and service marks. Infringement means that someone is either using your protected mark to sell… Read More »
Do I Need The HOA’s Approval For Home Renovations In Florida?
If your home is in a homeowners’ association-governed community, you may need the HOA’s approval for home renovations. While you probably know that you need to obtain HOA’s approval for exterior renovations, you may be surprised to learn that you may also need the association’s approval for certain (but not all) interior renovations. If… Read More »