Consumer lawsuit defense for Florida car dealers
Defense of independent and franchise dealerships against FDUTPA, § 501.976, Federal Odometer Act, TILA, FCRA, warranty, and repossession claims — in Florida state court, federal court, and arbitration.
Consumer claims we defend
A decade of litigating consumer-protection claims has shaped how we defend them. We know how these cases are built, which counts are pleaded for leverage, and how the fee-shifting statutes drive every decision.
- Florida Deceptive and Unfair Trade Practices Act (FDUTPA) lawsuits
- § 501.976 per se dealer violations: advertised price, dealer fee and doc fee disclosure, pre-delivery service fee, mandatory add-on products, title delay, prior damage and rental history
- Federal Odometer Act and odometer-disclosure claims
- Undisclosed frame damage, flood, salvage, and branded-title claims
- Unpaid trade-in payoff, deposit, and down-payment disputes
- Spot delivery, yo-yo financing, and TILA disclosure claims
- Magnuson-Moss Warranty Act, implied-warranty, and “as is” sale disputes
- Service contract, GAP, and add-on product claims
- Wrongful repossession and breach-of-peace claims
- FCRA claims from credit applications and furnishing
- Fraud, misrepresentation, and rescission claims
- Claims by co-buyers, co-signers, and non-signatories
The deal jacket decides the case
Most consumer claims against dealers are won or lost on the documents the dealership already has. We review the buyer’s order, retail installment contract, odometer statement, Buyers Guide, title application, and add-on forms before anything is filed, and we build the defense around what the paper proves rather than what the complaint alleges.
Arbitration first, when you have it
If the buyer’s order or RISC contains an arbitration agreement, moving to compel is usually the most valuable early decision in the case — and asking the court for other relief first can waive it. More on arbitration →
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Frequently asked questions
My dealership is being sued by a customer in Florida. What are the first steps?
Note the response deadline on the summons (20 days in Florida state court after service), send the complaint and the complete deal jacket to counsel, preserve every document and text message related to the deal, and do not contact the customer. If the deal documents contain an arbitration agreement, that must be raised before anything else is filed.
What is a § 501.976 violation?
Section 501.976, Florida Statutes, lists specific acts by a motor vehicle dealer that are unfair or deceptive per se, including advertising a price and then charging more, failing to disclose dealer fees and the pre-delivery service fee, representing add-on products as required, and failing to deliver title on time. These are the counts most consumer lawsuits against Florida dealers are built on.
Can an “as is” sale still lead to a lawsuit?
Yes. “As is” limits implied-warranty claims, but it does not defeat FDUTPA, odometer, fraud, or § 501.976 claims based on misrepresentation or non-disclosure.
Do you defend dealers in federal court?
Yes. Odometer Act, TILA, FCRA, and Magnuson-Moss claims are frequently filed in or removed to federal court. We defend dealers in the Southern and Middle Districts of Florida.
Will my insurance cover a consumer lawsuit?
Sometimes. Garage liability and errors-and-omissions policies may respond to certain claims, and the tender should be made early. We review coverage as part of the initial evaluation.
Been served? Send us the complaint and the deal jacket.
We’ll tell you what the case is worth and what to file first.