When you need a Miami consumer protection lawyer
Talk to a Miami consumer protection lawyer if any of these is true:
- A debt collector or original creditor is harassing you with repeated calls, calls at work after you said stop, calls to family members, threats of arrest, or attempts to collect a debt that isn't yours or is past the statute of limitations.
- Equifax, Experian, or TransUnion refuses to correct a credit report error you have disputed in writing.
- You're getting robocalls or robotexts to your Florida cell phone after telling the sender to stop or after registering on the Do Not Call list.
- A Miami car dealership sold you a vehicle with rolled-back odometer, hidden rebuilt title, prior flood damage, or undisclosed accident history.
- Your new motor vehicle has the same defect that's been to the dealer three or more times in the first 24 months — Florida Lemon Law applies.
- A Florida timeshare developer used high-pressure sales tactics, misrepresented resale value, or buried key terms.
- A contractor took your deposit for hurricane-damage repairs, roofing, or pool work and never delivered.
- A predatory lender or financing company in Florida charged hidden fees or terms that violate FDUTPA.
- A bank wrongfully froze, garnished, or charged your account.
- A subscription service trapped you in auto-renewal you never agreed to.
Miami has more consumer-fraud filings per capita than most U.S. cities, partly because Florida's tourism economy attracts predatory businesses (timeshares, vacation rentals, "free cruise" scams) and partly because Florida law specifically authorizes private enforcement. That's why the local consumer protection bar is sophisticated and aggressive.
What Miami consumer protection law covers
Federal and Florida statutes overlap. The federal Fair Debt Collection Practices Act (FDCPA) covers third-party debt collectors. The Florida Consumer Collection Practices Act (FCCPA, Florida Statutes 559.72) is broader — it covers original creditors AND third-party collectors, allows $1,000 statutory damages per violation plus actual damages and attorney's fees, and adds punitive damages where the conduct was malicious. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA, Florida Statutes Chapter 501, Part II) is one of the broadest state consumer-protection statutes in the country — it covers virtually any unfair or deceptive trade practice. The Florida Lemon Law (Florida Statutes Chapter 681) covers new motor vehicles for 24 months. Federal Fair Credit Reporting Act (FCRA) and Telephone Consumer Protection Act (TCPA) provide additional remedies.
Florida's broad consumer protection framework also includes the Florida Telephone Solicitation Act (which mirrors and expands TCPA), the Florida Information Protection Act (data breach notification), the Florida Motor Vehicle Repair Act (auto shops), and specific statutes covering timeshares, home solicitation sales, health studios, and dance studios. A good Miami consumer lawyer maps the exact statute and the strongest fee-shifting provision before filing.
What this typically costs in Miami
$0
Hourly fees billed to you
33%-40%
Contingency on damages
100%
Fee-shifting (defendant pays)
Florida Lemon Law cases often produce a refund of the full vehicle purchase price, sales tax, finance charges, and reasonable fees, with the lawyer's fees paid separately by the manufacturer. FCCPA and FDUTPA cases typically yield $1,000 to $10,000 in damages with the lawyer's fees coming directly from the defendant.
How long Miami consumer protection cases take
- FDCPA/FCCPA demand letter: Often stops the harassment within 7-14 days.
- FDCPA/FCCPA settlement (pre-suit): 60 to 180 days.
- Filed FDCPA suit in Southern District of Florida: 9 to 18 months.
- FDUTPA case in Miami-Dade Circuit Court: 12 to 24 months.
- Florida Lemon Law arbitration (Florida Department of Agriculture and Consumer Services): 60 to 90 days, often producing a refund or replacement.
- FCRA case for credit-reporting errors: 12 to 24 months.
- TCPA case: 6 to 18 months for an individual; 24 to 48 months for a class action.