The District Court of Appeal for the Third District of Florida recently reversed a trial court’s order denying a defendant’s motion to compel arbitration, holding that monthly text messages with a hyperlink to the defendant’s terms of service provided the consumer with sufficient notice that disputes regarding his relationship with the defendant were subject to arbitration. A copy of the opinion in MetroPCS Communications, et al. v. Jorge Porter is available at: Link to Opinion. A consumer filed a putative class action lawsuit against his cellular telephone provider alleging that it improperly charged the consumer and other customers sales tax on the…
Posts published in “FDUTPA”
Fla. App. Court (3rd DCA) Holds Non-English Speakers Could Not Avoid English Language Contract Terms
Fla. App. Court (3rd DCA) Holds Non-English Speakers Could Not Avoid English Language Contract Terms
The Third District Court of Appeal of the State of Florida recently reversed a trial court’s denial of a car dealership’s motion to compel arbitration, holding that because there was no evidence that the buyers, who did not read or speak English, attempted to learn or have explained to them what they were signing, or that the dealer’s representatives prevented them from doing so or misrepresented the terms, the trial court erred by finding there was no valid agreement to arbitrate. A copy of the opinion in Kendall Imports, LLC v. Diaz, et al. is available at: Link to Opinion.…
The District Court of Appeal of Florida, Fourth District, recently held that in order to recover fees for prevailing on a Florida Deceptive and Unfair Trade Practices Act claim, a party must prevail not only on the FDUTPA claim but also on all pleaded legal theories such that it obtains a judgment in its favor on the entire case. A copy of the opinion in Banner v. Law Office of David J. Stern, P.A. is available at: Link to Opinion. A borrower filed a lawsuit against a lender’s counsel, alleging that the lender’s counsel’s conduct violated FDUTPA and the Florida Consumer Collection…