Every deceptive and unfair business practice runs on the same math: the harm to any one customer is smaller than the cost of fighting, so most people absorb it, and the practice continues. Sometimes that friction is a mistake. Sometimes it’s the business model. I represent the people who don’t absorb it. The point isn’t just to recover what was taken; it’s to make the practice too expensive to continue.
A large share of my consumer work involves car dealerships and the finance companies behind them. The modern dealership is where an ordinary person is most likely to meet a sophisticated, well-rehearsed deception at the moment they’re least prepared for it. The same statutes reach lenders, debt collectors, contractors, warranty companies, and any business that misrepresented what it was selling.
What I take
- Auto dealer fraud: undisclosed accident or flood damage, prior rental or fleet use, odometer rollbacks, forged or altered documents, spot delivery and yo-yo financing, packed payments and unauthorized add-ons, bait-and-switch pricing, and financing terms that changed after you drove off
- Deceptive and unfair trade practices under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA)
- Lending and credit violations, including truth-in-lending claims and credit reporting errors that damaged you
- Abusive debt collection
- Lemon-law claims on new vehicles, and warranty claims on vehicles and other major purchases
- Fraud by contractors, service providers, and online sellers
- Class or group claims where the same deceptive or unfair business practice exploited many people
How I evaluate a consumer case
The analysis is three columns on one page: what the company promised, what it disclosed, and what it actually did. Most consumer cases become clear the moment those three sit side by side, and most companies are counting on no one ever putting them there.
Then two practical questions. Can the deceptive or unfair practice be proved from the paper? And is the harm — or the statute’s remedy — large enough to justify the fight? Consumer statutes often answer the second one for you. Many Florida and federal consumer laws let a prevailing consumer recover attorney’s fees from the losing party, which means a case about a relatively small overcharge can be worth bringing when it wouldn’t be under ordinary rules.
Bring me every document you signed, every text and email, and every advertisement you relied on. Deals are rarely as clean as the dealer’s file suggests, and the version they gave you is often not the version they kept.
How these cases work
Documents first. I review the contract, the buyer’s order, the financing paperwork, the disclosures, and the history of the vehicle or product. Much of a consumer case is won or lost on what the paper shows and what it hides.
Demand. The law sometimes requires a presuit demand — before suing or arbitrating against a car dealer under FDUTPA, for example — and generally rewards one. A well-supported demand tells a business that this customer has a lawyer who knows the statute and will use it.
Arbitration or suit. Many consumer contracts contain an arbitration clause. That isn’t the end of your case; it’s a different forum, and under the consumer rules of the major arbitration providers, the business typically pays the majority of the arbitration fees. I’ve obtained substantial arbitration awards for consumers against businesses that assumed arbitration meant safety. Where the clause is unenforceable or doesn’t apply, I file in court instead. Please note that prior results do not guarantee a similar outcome. Each case depends on its own facts and circumstances.
Resolution. Businesses that deceive customers rarely want a public record of it. Most cases resolve once the exposure is clear — your damages, your attorney’s fees, and their own. Litigation is expensive for a business too, and many would rather resolve a well-documented claim than defend it.
What the other side will do
They will point to the fine print you signed, the as-is language, the arbitration clause, and the box you initialed. They will say you got what you bargained for. Some of that fine print is enforceable and some of it is not, and much of it does not protect a business from its own misrepresentations. Fine print is not magic. But not every unfavorable term is unlawful either, which is why I’ll tell you the difference at the outset. I read the paper the way the company’s lawyers do, and I know which paragraphs they’re hoping you won’t challenge.
What you may recover
Most consumer cases start with actual damages — what the deceptive or unfair act cost you — and some statutes add more on top, either a statutory amount set by the legislature or treble damages where the conduct qualifies. Depending on the claim, you may also be able to cancel the contract and recover what you paid, force correction of your credit reporting, or obtain an injunction that stops the practice. Where the statute provides for them, your attorney’s fees may be recoverable too. Punitive damages are a higher bar: Florida requires intentional misconduct or gross negligence, proved by clear and convincing evidence, and they are not available under FDUTPA itself. Please note that prior results do not guarantee a similar outcome. Each case depends on its own facts and circumstances.
Consumer Protection FAQs
Is my case too small for a lawyer?
Often not, because of the fee-shifting statutes described above. The honest answer depends on the specific facts of your case and the documents, which is why I ask for them before giving an opinion.
What does it cost?
It depends on the case and its merits. I offer flexible fee arrangements tailored to each case, including a contingency fee, an hourly rate, a hybrid of reduced hourly plus a percentage, or — for dealership and financing disputes, where the first step is a careful review of your paperwork — a flat fee for an initial evaluation and assessment. I’ll tell you which arrangement I recommend before you commit to anything.
On a contingency fee, there’s no attorney’s fee unless there’s a recovery. You will not owe me for case costs I advance if there is no recovery. On an hourly or hybrid arrangement, the hourly fees are owed whether or not there is a recovery, and you may be responsible for case costs I advance even without a recovery.
One more thing worth knowing before you start: a party who loses a lawsuit can generally be ordered to pay the other side’s court costs, and under some consumer protection statutes — Florida’s FDUTPA among them — the other side’s attorney’s fees too. The same fee risk can follow a claim into arbitration. That risk runs both directions, and I’ll explain how it applies to your case when I evaluate it.
Should I dispute the charge with my bank or card issuer first?
Chargeback rights are real and their deadlines are typically short, so often yes. But a chargeback resolves a payment, not a legal claim, and what you write in the dispute becomes part of the record. Keep a complete copy of everything you submit and everything they answer.
Can I still bring a claim if I signed an arbitration agreement?
Usually yes. Arbitration is a forum, not immunity — it changes where your claim is heard, not whether you have one, and businesses that treat the clause as a shield are often wrong about that. Some clauses turn out to be unenforceable, or not to cover the conduct at issue, in which case the claim goes to court instead. Either way, the first step is reading the clause rather than assuming it.
How long do I have?
FDUTPA claims generally must be brought within four years. Many federal consumer statutes run one or two years, and some require notice steps first. Don’t assume you have time.
Should I stop paying on a car I was defrauded into buying?
Not without legal advice. Stopping payment can trigger repossession and credit damage that complicate your case. Call first.
My credit report is wrong because of this. What do I do?
Dispute it through the credit reporting agency, not only with the company that reported it. Under the federal Fair Credit Reporting Act, most claims against the company that furnished the bad information only arise once the agency has notified it of your dispute. Complaining directly to the business feels like the obvious step and is the one that leaves you without a claim.
What should I preserve?
The contract and every version of it, advertisements you relied on, screenshots, texts, emails, chat transcripts, statements, receipts, your cancellation attempts, call logs, and photographs. Screens change and ads disappear — capture them now. Don’t edit, delete, or throw away anything.
Do you handle cases outside Miami?
I handle consumer cases throughout Florida and, in federal claims, nationally with local co-counsel where required.
If I’m not the right lawyer
If a legal aid office, a dedicated lemon-law practice, or a class action already underway would serve you better, I’ll tell you and point you there.
Call (305) 926-9452 or send a message. Bring your paperwork.
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