| Consumer Matters is a monthly e-newsletter prepared by The Arcia Law Firm, P.L., and is dedicated to provide you with vital information related to your health, consumer safety, and improved quality of life. This newsletter will also provide you with recent verdict and settlement information in personal injury, medical malpractice, and other related legal matters. Feel free to forward this newsletter to friends, family and colleagues that may be interested in its content. If you would not like to receive any future copies of our informative newsletter, you may unsubscribe below where indicated. |
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If you have purchased or leased a new or dealer demo vehicle, make sure you familiarize yourself with Florida’s Lemon Law. It is the dealer or lessor’s responsibility to provide the buyer with the "Consumer Guide to the Florida Lemon Law" during the sale or lease of a new or demonstrator automobile.
This booklet explains consumer rights, offers advice to resolve problems, provides the toll-free Lemon Law Hotline number, and includes a form that allows the buyer to contact the manufacturer about any persistent defects.
If you would like a copy of the "Consumer Guide to the Florida Lemon Law" or wish to speak to someone about your rights, Florida residents can call the Lemon Law Hotline at 1-800-321-5366. Non-Florida residents should call 1-850-488-2221. The call center is open from 8:30 a.m. to 4:30 p.m. Eastern time.
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According to the Fair Debt Collection Practices Act (FDCPA). debt collection harassment is defined as an action carried out by a professional debt collector that is pestering, oppressing, or insulting to the consumer. Some examples include:
- Threatening violence if consumer does not pay bills.
- Coming to consumer’s residence and damaging personal property.
- Using profanity over the phone.
- Threatening to have you arrested for refusal to pay bills.
- Persistently calling to harass the consumer about bill payment.
- If a debt collector has no luck reaching the consumer and calls back to follow up, this is not delineated as debt collection harassment.
If a debt collector infringes upon a consumer’s rights in any way similar to the methods mentioned above, they have the right to file a complaint with the Federal Trade Commission (FTC). In turn, the FTC will investigate the company and their debt collection practices.
Creditor harassment occurs when bank or other financial institution acts in a manner that is pestering, oppressing, or insulting to the consumer when they are attempting to retrieve money owed to them. Creditor harassment is not covered by the Fair Debt Collection Practices Act, but there are some consumer credit laws that will protect you. A consumer has the option of contacting the FTC if they believe their rights have been violated. After the FTC investigates the event, it will be referred to the proper regulatory agency.
The State of Florida has legislation in place called the Florida Consumer Collection Practices Act that allows residents to sue a financial institution even though the Fair Debt Collection Practices Act prohibits any sort of action. Other states also have consumer protection laws that differ from the FDCPA.
If you believe you are being harassed or are a victim of identity theft, it is wise to pull your credit at Annual Credit Report or another similar website.
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We are available to discuss your rights if you, a friend or loved one has been injured in an auto accident, or is the victim of medical malpractice. We also accept cases involving a slip & fall, wrongful death, product liability, business and real estate disputes. Please call us today for a free consultation at 1-800-757-9805, email us at info@arcialawfirm.com, or visit our website www.arcialawfirm.com and complete our Free Evaluation form.
Our Firm accepts and handles personal injury, medical malpractice and other legal matters in Pembroke Pines, Miramar, Davie, Cooper City , Ft. Lauderdale, Plantation, Sunrise, Coral Springs, Lauderhill, Weston, Southwest Ranches, Sunrise, Margate, Oakland Park, Hollywood, Lauderdale Lakes, Hallandale, Dania, Pembroke Park, Wilton Manors, West Palm Beach, Pompano Beach, Miami, Coral Gables, North Miami, Aventura, Sunny Isles, Bal Harbour, Hialeah, Miami Lakes |
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BELL v. Dieli,
Miami-Dade County
Defendant’s vehicle rear-ended Plaintiff’s vehicle, causing neck and back injuries and associated pain. Plaintiff suffered from diabetes and hypertension. She was scheduled for back surgery, but the doctors delayed the procedure because her blood sugar was extremely elevated. Plaintiff suffered a stroke, leaving the right side of her body paralyzed.
Plaintiff alleged that the accident-related injuries aggravated her hypertension and caused her stroke.
Defendants disagreed and argued that Plaintiff would have suffered the stroke regardless of the accident. The jury ruled in favor of the Plaintiff and awarded her nearly $2.7 million. The Defendants made no offers in this case.
This verdict demonstrates that even if the injuries are not directly caused during the accident, the party that is responsible for causing the accident may be responsible even for an aggravation of a pre-existing injury.
Either the Arcia Law Firm nor Omar Arcia represented any of the parties to this action
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