Recent Blog Posts
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 »
When Will A Florida Court Issue An Injunction To Enforce A Non-Compete Agreement?
Non-compete and non-solicitation agreements are valuable tools for Florida businesses looking to protect confidential information and customer relationships. If a business has proof that a former employee has violated such an agreement, they can ask a judge to issue a temporary injunction. In Florida, there are four things an employer must demonstrate to obtain… Read More »
Federal Court Dismisses Consumer Protection Lawsuit Over 150-Year Old Spice Ban
Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law designed to protect consumers from various forms of business misconduct. A consumer who has suffered a financial loss or injury due to an unfair or deceptive act can file a civil lawsuit against the offending business. However, even if there is a… Read More »
Do I Really Need A Lawyer To Defend Against A Foreclosure?
When something is broken in your house, such as the plumbing, you might try and fix the problem yourself to save a little money. Oftentimes, however, that just makes things worse and you still end up having to call in an expert. The same thing holds true if you are facing foreclosure against your… Read More »
When Can A Corporate Officer Or Shareholder Be Held Personally Liable For A Business Debt?
When suing a business entity such as a corporation, the individual shareholders typically cannot be held liable for any judgment. In other words, if you sue Company X for a breach of contract and win a monetary award, you cannot seek to collect that judgment against the personal assets of Company X’s shareholders or… Read More »
Should You Consider Creating A Revocable Trust As Part Of Your Estate Plan?
Having a last will and testament is a key piece of any estate plan. But there are other estate planning tools you may wish to consider as well. One popular option is to have a revocable living trust. Although you might associate such trusts with the ultra-wealthy, they are in fact a fairly common… Read More »