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FL S0292
Bill
Status
1/15/2013
Primary Sponsor
Anitere Flores
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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