Consumer Law

When a company chooses to conduct business, consumers expect transparent, fair, honest, and secure transactions. This is not only a moral expectation but a legal one as well. Under both Federal and Florida law, companies are held to certain standards. It is your legal right to receive compensation for illegal intentional and negligent acts conducted by businesses. Taking action against such companies is encouraged by society in order to ensure that companies comply with the law. Below is a list of practice areas in which Oppenheim Law is  prepared to represent you:

Fair Debt Collection Practices Act

Congress passed the Fair Debt Collection Practices Act (FDCPA) in 1977, in an effort to eliminate abusive, deceptive, and unfair debt collection practices. The FDCPA applies only to the collection consumer debt incurred primarily for personal, family, or household purposes, which may include mortgages, credit cards, and medical debts.

Florida’s counterpart to the FDCPA, the Florida Consumer Collection Practices Act (CCPA), operates very similarly to the Federal FDCPA.

Among the practices prohibited under the FDCPA and the CCPA:

Communications from a Debt Collector at an unusual place or time

Communications between a Debt Collector and unauthorized third parties concerning your debt

Debt Collector contacting you at work, knowing you cannot receive such communications

Harassment, oppressive, or abusive conduct in connection with the collection of your debt (such as repeated contact over a debt you do not owe, non-stop telephone calls sometimes at unreasonable hours, or contacting you instead of your attorney)

A debt collector may not use any false, deceptive, or misleading representation or means in an attempt to collect your debt.

Collecting debt that is not enforceable or too stale requires research and in the blog describing John Oliver.

If a debt collector has attempted to collect on your debt by using methods that are unfair, abusive, harrassive, or deceptive, contact one of our experienced attorneys for a consultation.

Unfair or Deceptive Business or Trade Practices

In 1973, Florida enacted Florida’s Deceptive and Unfair Trade Practices Act (“FDUPTA”). The goal of enacting the FDUPTA was to provide consumers with a means of bringing claims against businesses that misled customers into purchasing their product or service. In order to bring a lawsuit against a company under the FDUPTA, a plaintiff must prove that (1) there was an unfair or deceptive business or trade practice; (2) the plaintiff suffered some type of damage; and (3) the damages suffered by the plaintiff was due to the unfair or deceptive business or trade practice. Notice that there is no requirement that the unfair or deceptive practices be done intentionally. Unfair or deceptive practices can be performed negligently and you as a harmed consumer will still have a valid claim. A few examples of unfair and deceptive business and trade practices are:

  • Deceptive pricing formats
  • False/deceptive advertising
  • False/deceptive guarantees
  • Automatic renewal of contract without authorization
  • Charging higher interest rates than advertised or agreed to
  • Inferior quality of product or service

If you have suffered damages due to unfair or deceptive business or trade practices, there are laws to protect you and to assist you in getting back the money you deserve. Contact one of our experienced attorneys for a consultation. We will analyze your case and explain to you the legal options that you may pursue.

Slander of Credit

Today, one of the most important assets that each of us possess is our credit and good name. If tarnished, many essential expenditures such as the purchase of a home, business, car, or even a washing machine are severely limited, or in many instances, unachievable. If you have false, inaccurate, or derogatory entries in your credit report, a personal asset of yours has been damaged. Just like with any other property that you own that has been damaged by another, you deserve just compensation. If a bank, mortgage company, lender, credit card company, hospital, collections agency, or any other entity has made a false statement to any of the credit bureaus and your credit has been adversely affected, contact Oppenheim Law. We can help you restore your good name and recover for damages that you have suffered.

Privacy Violations

With the unavoidable use of technology and the exponential increases in the usage of electronic storage in today’s world, protecting personal information is becoming increasingly difficult every day. However, businesses that chose to employ electronic means of storage and communication must keep up with the security demands that consumers expect and must be held accountable for security vulnerabilities within their systems. Aside from electronic privacy violations, our firm also handles cases dealing with other privacy violations such as:

  • Financial privacy (The Fair Credit Reporting Act or “FCRA”)
  • Medical/health privacy (Health Insurance Portability and Accountability Act or “HIPAA”)
  • Computer privacy & internet privacy (Florida Statute § 817.5681)
  • Unauthorized use of personal records for profit
  • Employment privacy

If a company has failed to safeguard your data and you have suffered damages due to the leak of your personal information, contact our firm.

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