#fdutpa — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #fdutpa, aggregated by home.social.
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Roku Accused of Exploiting Children’s Data in Florida Privacy Lawsuit https://thecyberexpress.com/florida-sues-roku-over-childrens-data-privacy/ #FloridaDeceptiveandUnfairTradePracticesAct #FloridaAttorneyGeneralJamesUthmeier #FloridaDigitalBillofRights #DigitalBillofRights #TheCyberExpressNews #DigitalPrivacyLaws #Floridasubsidiary #Rokudataprivacy #TheCyberExpress #FirewallDaily #PolicyUpdates #Governance #CyberNews #FDUTPA #FDBOR #Roku
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Because the whole point of these laws is to protect people who can't afford to be robbed, cheated, or swindled by big businesses.
So if you think you "can't afford" a lawyer, think again.
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When a debt collector breaks the law, your lawyer is free.
When a credit reporting agency breaks the law, your lawyer is free.
When a hospital bills you for a procedure they never performed, your lawyer is free.
When a mortgage lender breaks their contract with you, your lawyer is free.
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Your lawyer is free.
Over the weekend, we got a flood of comments saying, "I can't afford a lawyer."
Because they still don't know just how low the price tag is.
It's zero. The lawyer is free.
Almost every consumer-protection law on the books makes the bad guys pay for your lawyer, not you.
This means:
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Because these laws require the other side to pay the legal bills, most lawyers can take those cases for free if you've got a good case—they know they'll get paid by the other side, so you won't have to.
Don't be afraid to talk to a lawyer if someone has done you wrong. It might just be free.
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→ FCCPA (Florida's Consumer Collections Practices Act) - Anyone collecting a debt—whether a debt collector or original creditor—has to pay your lawyer on top of any damages when they break the law during the collection.
→ FDUTPA (Florida's Deceptive and Unfair Trade Practices Act) - a person who uses unfair or deceptive methods in business will not only pay your damages, but also have to cover your legal bills.
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→ FDCPA (Fair Debt Collection Practices Act) - this law applies to debt collectors and their conduct. When debt collectors break the law, they are responsible for paying your legal fees.
→ FCRA (Fair Credit Reporting Act) - When credit bureaus and other users of credit reporting break the law, the FCRA requires them to pay for your lawyer.
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You don't have to pay your lawyer.
That's the idea behind "fee shifting provisions" that most consumer-protection laws contain.
When we do battle with the bad guys, we're almost always looking for a way to make them pay—not just for what they did to you, but for the cost of the legal battle to make things right.
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If a business lies to you (or someone else) about the amount of a debt, or whether you owe the debt, or what they'll do to collect the debt, that's going to be a "deceptive" act that violates the law for anyone covered by it.
So if you have an original creditor lying to you about a debt collection, and they're not exempt, you may be able to use FDUPTA to even the playing field.
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Florida's Unfair and Deceptive Practices Act does apply to most businesses (but banks and insurance companies are mostly exempt) who do any kind of business in Florida. And it broadly bans all unfair or deceptive practices "in the conduct of any trade or commerce."
What makes a practice "unfair" under the law is pretty fuzzy but it's much more clear what makes a practice "deceptive."
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What if it's just unfair?
Florida's debt collection law, unlike the federal law, doesn't actually ban unfair or deceptive debt collection practices. So if you're dealing with an original creditor who's using those unfair or deceptive practices to collect a debt, you'll have to look somewhere else: the weirdly-named FDUPTA.
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