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FL S0292

Bill

Status

Introduced

1/15/2013

Primary Sponsor

Anitere Flores

Click for details

Origin

Senate

2013 Regular Session

AI Summary

  • Amends Florida's Deceptive and Unfair Trade Practices Act to require consumers to send a written demand letter to motor vehicle dealers at least 30 days before initiating civil litigation or arbitration.

  • Demand letter must include consumer's name, address, and phone number; dealer's name and address; description of facts and damages claimed; and supporting transaction documents.

  • Dealer can prevent litigation by paying the claimed damages plus a surcharge of $500 or 10 percent of damages (whichever is less) within 30 days of receiving the demand letter.

  • Dealers are exempt from paying attorney fees if they notify the claimant within 30 days that the demand amount is unreasonable or if the demand letter fails to comply with requirements.

  • Applies only to transactions where dealers provide consumers with written notice of these demand letter requirements at least 12-point font size, which consumers must acknowledge; exempts class actions and actions by government enforcement authorities.

Legislative Description

Deceptive and Unfair Trade Practices

Last Action

Laid on Table, companion bill(s) passed, see CS/CS/HB 55 (Ch. 2013-186)

4/16/2013

Committee Referrals

Judiciary2/20/2013
Commerce And Tourism1/18/2013

Full Bill Text

No bill text available