Author Archives: Jay Butchko
Coronavirus Price Gouging Consumer Fraud in Florida
According to law-enforcement officials across the country, including here in Florida, price gouging has become a serious consumer fraud and protection issue since the coronavirus crisis has hit, and not only is this an issue in terms of the individual sellers, but also the online platforms that host the sellers, such as Amazon, Craigslist,… Read More »
There Is One Regulation That Is Miserably Failing Consumers & Killing People
It is a horrifying, dangerous consumer safety and protection issue many of us thought was already resolved: Tip-over furniture accidents. In 2016, IKEA issued a recall of almost 30 million dressers and chests after the seven toddlers died in these accidents due to a design flaw which made them prone to fall forward. The… Read More »
The SECURE Act Passing Warrants Updating Your Estate Plan
Passed in late December, the SECURE Act makes a number of important changes to retirement plans that also impact estate planning. Most notably, the Act eliminates the “stretch” IRA for non-spouse beneficiaries, meaning anyone other than your spouse who is the beneficiary of your IRA can no longer only take the required minimum distributions… Read More »
U.S. Supreme Court to Review Constitutionality of Consumer Financial Protection Bureau
There is currently a case before the US Supreme Court which has the power to dramatically reshape how the US government provides us with basic legal protections when it comes to consumer fraud and protection. Specifically, the case could ultimately lead to the dissolution of the Consumer Financial Protection Bureau (CFPB or the Bureau),… Read More »
Survey & Changes in Law Highlight Why Working with an Estate Planning Attorney On an Ongoing Basis Is So Important
According to a new survey conducted by TD Wealth, in addition to increasing healthcare costs and life expectancy, a rise in gray divorces – or those after age 50 – is having a significant effect on estate planning. As a result, it is becoming more and more important to constantly and proactively review these… Read More »
Historic Changes Are Coming for Estate Planning January Due to the Electronic Documents Act
There are a number of important changes that Florida’s Electronic Documents Act will bring to estate planning in the state as of January 1, 2020, when it goes into effect. Advanced directives, trusts, and wills can be electronically signed by the testator, while witnesses and the notary appear via FaceTime or Skype because there… Read More »
When Residents & Homeowners’ Associations Clash Over Solar Panels
Although, in Florida, homeowners’ associations are not legally allowed to ban residents from installing solar panels, the Florida Solar Rights Act does allow associations to first require approval and establish restrictions. However, those restrictions must be “reasonable” (i.e. not arbitrary) and applied “in a uniform manner” to everyone in the association. In addition, any… Read More »
Dollar Tree Franchise Found Endangering Consumers by Selling Potentially Unsafe Drugs
In November, the US Food and Drug Administration (FDA) issued a warning letter to Dollar Tree (including Family Dollar of Greenbrier International) for receiving adulterated topical drugs and other products from foreign manufacturers in violation of federal law. As a result, it has potentially sold these unsafe drugs and other products to consumers, and… Read More »
Estate Planning Documents Necessary to Protect Your College Student
When people think of estate planning, they think of the elderly planning for the time after they have passed. However, estate planning isn’t just for the aging; it is also for those who might benefit from having a plan in place when it comes to important decisions, such as someone who can make health… Read More »
Florida Court to Tackle Important Copyright Question Involving Embedded Tweets
Copyright law and deciding what does and does not fall within the fair use doctrine is an increasingly important and ever changing area of law in business litigation, especially in an age of social media and constantly sharing information via the process of “embedding” one thing in another. Now, a case that has been… Read More »