Florida/Georgia Personal Injury & Workers Compensation

...fair Trade Practices (count II); and violation of the Motor Vehicles Sales Finance Act (count III). Count II sought damages and attorney's fees under section 501.2105, Florida Statutes and Count III sought statutory damages and attorney's fees under section 520.12, Florida Statutes....

...ant in the amount of $2,213.75. Appellant filed a Motion to Modify/Correct Award and Motion for Confirmation of Award arguing that the Arbitrator was without authority to deny her claim for attorney's fees available pursuant to statutes 501.2105 and 520.12....

...the issue of entitlement to fees to the arbitrator. Here, appellant moved for attorney's fees in her arbitration claim pursuant to the Florida Deceptive and Unfair Trade Practices Act, section 501.2105(1) [1] and the Motor Vehicle Sales Finance Act, section 520.12(2) [2] , claiming that under a prevailing party statute, she was entitled to an award of fees....

...an act or practice involving a violation of this part, ..., the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, may receive his or her reasonable attorney's fees and costs from the nonprevailing party." [2] Section 520.12, Florida Statutes (1997) provides that "[i]n the case of a willful violation of this part with respect to any retail installment sale, the buyer may recover from the person committing such violation, or may set off or counterclaim in a...

...l essential provisions prior to the signing of the contract *1333 by the buyer. FLA. STAT. § 520.07(1)(a). The statute's penalty provision allows a buyer to recover for any willful violation with respect to a retail installment contract. FLA. STAT. § 520.12(2). The statute was amended, effective June 8, 2001, to provide: Section 520.12(2) does not apply to any violation of the requirement in s. 520.07(1)(c) that the seller deliver or mail to the buyer a copy of the contract signed by the seller, if the seller delivered at the time the buyer signed the contract an exact copy of the contract that the buyer signed. FLA. STAT. § 520.12(3) (amended by Laws 2001, c.2001-196, § 32, eff....

...nt of taxes to seller. The seller then appealed to the circuit court. The circuit court agreed that by failing to separately itemize the sales taxes the seller had violated section 520.07, Florida Statutes (1981). However, the court pointed out that section 520.12, Florida Statutes (1981), the penalty section, which bars a seller in violation of the chapter from recovering certain charges, makes no reference to sales taxes....

...4th DCA 2008) (explaining that a plaintiff in a FDUTPA action may recover “only ‘actual damages’ incurred ‘as a consequence of a violation of the statute’ ”). We find no merit in Appellant’s argument that it properly pled damages pursuant to section 520.12(2), Florida Statutes (2011), which provides in part that “[i]n the case of a willful violation of this part with respect to any retail installment sale, the buyer may recover from the person committing such violation ......

...We disagree with the court's holding that no cause of action for common law restitution exists in Florida. But we agree that Trotter and Smith have failed to plead such a claim. Their cause of action for restitution is based solely on alleged violations of sections 520.07(2), 520.07(7), 520.12, 520.13, and 627.682, Florida Statutes (2000)....

...otor Vehicle Retail Sales Finance Act, or in Florida case law, would render the entire finance contract void because of the violations of chapter 520 that Trotter and Smith have asserted. The remedies for violations of the Act are stated in sections 520.12 and 520.13....

...violations asserted against both Freedom and FMCC in count IV. While the Act does mention holders of retail installment paper, see § 520.07(6), it does not provide a remedy against a holder unless that holder has committed a willful violation. See § 520.12(2)....

...lege that the retail installment contract that they signed on September 8, 2000, violates § 520.08(1)(d) because the finance charge set forth in the contract exceeds the rate of $17 per $100 per year. The Debtors therefore contend that, pursuant to § 520.12(2) of the Florida Statutes, they are entitled either to an affirmative judgment against TranSouth, or a setoff against TranSouth's claim, in an amount equal to the finance charge....

...ated the TILA requirement of finality. We agree with the trial court’s conclusion that this results in a TILA violation, and, thus, a per se violation of FMVRSFA. 8 We disagree, however, with the trial court’s award of damages to Cuello based on section 520.12(2), as she did not suffer any actual damages as a result of Maroone’s conduct. Section 520.12(2), Florida Statutes (2011), states: (2) In the case of a willful violation of this part with respect to any retail installment sale, the buyer may recover from the person committing such violation, or may set off or counterclaim in any action against the buyer by such person, an amount equal to any finance charge and any fees charged to the buyer by reason of delinquency, plus attorney’s fees and costs incurred by the buyer to assert rights under this part. § 520.12(2), Fla....

...’s TracGuard product, inclusive of the anti-theft etch insurance, and financed that purchase by initially entering into a retail installment sales contract with Crown Auto, no later than September 4, 1999, in which Crown violated Florida Statutes, section 520.12 by (1) failing to clearly and conspicuously make accurate disclosures in writing, in a form that the consumer may keep, prior to the consummation of the credit transaction pursuant to Florida Statutes, section 520.07(2)(a)-(e), as a re...

...’s TracGuard product, inclusive of the anti-theft etch insurance, and financed that purchase by initially entering into a retail installment sales contract with Crown Auto, no later than September 4, 1999, in which Crown violated Florida Statutes, section 520.12 by (1) failing to clearly and conspicuously make accurate disclosures in writing, in a form that the consumer may keep, prior to the consummation of the credit transaction pursuant to Florida Statutes, section 520.07(2)(a)-(e), as a re...

...by the original $12,000.00 down payment on the First Truck. Alvarado’s counsel asked for $297.17. Even if this penalty was wrongly derived from section 520.08, as was done with the First Truck, the wrong formula was used to derive the figure. Under the penalties section found in section 520.12(2) applicable to violations of section 520.08: In the case of a willful violation of this part with respect to any retail installment sale, the buyer may recover from the person committing such violation, or may set...

...any action against the buyer by such person, an amount equal to any finance charge and any fees charged to the buyer by reason of delinquency, plus attorney’s fees and costs incurred by the buyer to assert rights under this part. § 520.12(2), Fla....

...ations and therefore not based on competent, substantial evidence. See Atkins N. Am., Inc. v. Tallahassee MH Parks, LLC, 277 So. 3d 1156, 1160 (Fla. 1st DCA 2019). Alvarado’s use of the incorrect formula prevents him from receiving any award under section 520.12(2)....