PNR, Inc. v. Beacon Property Management, Inc.

Holding that a deception occurs under FDUTPA if a consumer, acting reasonably under the circumstances, is misled

Raimi v. Furlong

Holding the trial court erred when it found a defendant negligent for hiring, retention, and supervision because the theory was neither pled nor tried by consent

Charles v. Fl. Foreclosure

Holding that title company's active concealment of true nature of documents signed by homeowner gave rise to fraud claim

In re Smith

Holding that where claimant does not seek damages "that should be offset from the amount of debt," the claim is not asserted defensively "but rather . . . is an action for affirmative relief"

Langford v. Rite Aid of Alabama, Inc.

Holding that a pharmacy defendant had no duty to disclose differential pricing structures to uninsured consumer plaintiffs who were routinely charged more than insured consumers

Veale v. Citibank

Holding that the defendants violated TILA as a matter of law by failing to disclose as part of the finance charge the charge imposed for payment of Federal Express delivery

Wasser v. Sasoni

Holding that the sellers' statements to the buyer that the apartment building was "a very good building" requiring "normal type of maintenance" and "an excellent deal" were statements of opinion

State Farm Mut. Auto. Co. v. Novotny

In State Farm Mutual Automobile Insurance Co. v. Novotny, 657 So.2d 1210, 1212-14 (Fla. 5th DCA 1995) the employer, State Farm, was pursuing an investigation into employee conduct by interviewing employees off-premises.

Bolden v. Home

Holding that FIRREA did not completely preempt plaintiff's California unfair competition claim

Thompson v. Bank of New York

Concluding that debtor's allegations of fraud were not pled with sufficient particularity, and thus, debtor was not entitled to amend his answer in foreclosure action, to assert the affirmative defense of fraud; the allegations were conclusory in their content and lacking in any real allegations of ultimate fact showing fraud on the part of creditor

Section 1601 - Congressional findings and declaration of purpose

Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

Section 1640 - Civil liability

Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

Section 1641 - Liability of assignees

Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

Section 501.204 - Unlawful acts and practices

Prohibiting "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce"

Section 559.72 - Prohibited practices generally

Prohibiting an "attempt ... to enforce a debt when [the debt collector] knows that the debt is not legitimate"

Section 559.55 - Definitions

Including "debtor" in the same definition

Section 501.203 - Definitions

Basing a violation of FDUTPA on, among other things, "[t]he standards of unfairness and deception set forth and interpreted by the Federal Trade Commission"

Section 772.102 - Definitions

Defining "enterprise" as used in Florida's RICO law as "any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity"

Section 772.101 - Short title

Section 501.2077 - Violations involving senior citizen, person who has a disability, military servicemember, or the spouse or dependent child of a military servicemember; civil penalties; presumption

Section 226.19 - Certain mortgage and variable-rate transactions

Requiring that disclosures in mortgage transactions be delivered "not later than the third business day after the creditor receives the consumer's written application"