Tampa Bay Area Deceptive Practices and Warranty Attorney

Manufacturers, distributors, and other businesses have the legal duty to be honest when dealing with customers and to ensure their products meet applicable standards. Unfortunately, many consumers suffer when companies or manufacturer fail to uphold warranties or act dishonestly towards their customers, sometimes through misleading warranties.

Deceptive Practices and Warranty Attorney

If you are a customer who has had a financial loss or physical injury due to a company’s unfair practices, you may be entitled to compensation. Consult with a commercial litigation attorney to see if you have a case and how to make a claim.

In the Tampa Bay area, reach out to The Boudreau Firm to speak with an experienced and client-focused business lawyer who has over two decades of experience in this field and has obtained high-value settlements for her clients.

Call The Boudreau Firm at 727-390-7614 today.

Florida Warranty Laws –  Magnuson-Moss Act, Florida Lemon Law, Florida Statutes

Regarding consumer products, when a consumer suffers harm due to a product warranty issue, at The Boudreau Firm, this experienced attorney will examine the details of your case and look into applicable warranty law.  You’ll be advised of the federal and state laws existing for your protection.  Knowledge is power and we are here for you. 

Magnuson-Moss Warranty Act

This federal law has been in effect since 1975 to legally protect consumers from defective mechanical products costing at least $25. Such products can be anything from home appliances and HVAC to cars and mobile homes.

The law requires companies to provide customers with detailed information about their warranty coverage so customers can make informed decisions before purchasing. Further, if a customer bought a defective product that required multiple repairs to no avail, they could be entitled to replacement or refund under the Magnuson-Moss Act.

If the company does not provide a replacement or refund to a customer with a legitimate claim, the customer may pursue a Breach of Warranty lawsuit. The potential compensation to the customer includes any lawyer fees they incurred for the case.

The Magnuson-Moss Act is sometimes referred to as the “federal Lemon Law.” Statutes on “lemon” products vary by state, and consumers not covered by their state’s lemon law may look into the Magnuson-Moss law for a possible legal remedy.

Florida Lemon Law

A “lemon” is a product, typically a vehicle, that has a defect that mechanics cannot repair. A “lemon law” is a statute that provides a legal remedy to consumers who have purchased a lemon. In Florida, our lemon law is the Motor Vehicle Warranty Enforcement Act, which requires companies to provide the consumer with either a replacement vehicle or a full refund for their lemon car.

Florida state lemon laws only cover vehicles. For other products that turn out to be a “lemon,” such as home appliances and mechanical tools, a potential legal recourse would be the Magnuson-Moss Act (discussed above).

Florida Statutes on Warranties

Apart from the state lemon law, Florida has other statutes that establish warranty rights and consumer rights. In particular, the Florida Uniform Commercial Code includes sections on consumer product warranties. The law makes clear that three types of warranties are legally enforceable:

  • Express warranty – This is the written warranty included in the product’s package.
  • Implied warranty of merchantability – Though this warranty is not expressed in a written document, companies must provide a “merchantable” or sellable product – a product that is at least of average quality and is safe for general usage.
  • Implied warranty of fitness – This implied (unwritten) warranty guarantees that the product is fit for its specific purpose. For example, when a customer purchases a kitchen appliance, it is implied that they can use this appliance for its intended purpose without fear of malfunction or harm.

Florida Consumer Protection Against Deceptive Business Practices

Outside of “lemons,” there are numerous other areas where consumers may experience unfair dealings from a company. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is the primary state law that provides legal remedies to consumers who suffered from companies’ deception. These are some of the deceptive business practices that may fall under this law:

  • False advertising
  • Deceptive pricing, including hidden fees not included in initial quotes/estimates
  • Deceptive guarantees
  • Deceptive interest rates
  • Automatic charging for “extras”
  • Automatic renewal of contract without customer’s consent
  • Bait-and-switch scams, including those in investments.

Under Florida law, an unfair or deceptive trade practice does not have to be intentional for it to be wrongful. In other words, the victim does not have to prove that the company intended the harm. The three elements that the claimant needs to prove are:

  • That there was an unfair or deceptive trade practice
  • That the practice was the cause of harm to the customer
  • That the customer suffered actual damages (measurable financial loss or personal injury).

Through an effective FDUTPA claim, a customer may be able to recover payment for their damages as well as for attorney fees they incurred for the case.

If you believe that you have suffered financial or physical harm from a company’s deceptive dealings, it’s best to discuss it with a skilled, experienced attorney.  You can rest assured that at The Boudreau Firm your case will be assessed, a proper and advantageous road forward will be charted for you.  Your reimbursement and compensation is our primary focus.  We can also represent you in or out of court, fighting for your rights against powerful companies.  We know how to do it.

Contact a St. Petersburg & Tampa Commercial Attorney today

If you think you’ve been the victim of a misleading warranty, unfair business practices, or fraudulent or deceptive practices, contact us. We can help you.  You are a consumer, you’ve paid for a result which you did not receive.  We will fight on your behalf for the deal you should have received.

Talk to The Boudreau Firm about your warranty issue, lemon car, defective product, or any other issue with an unfair or deceptive business. The Boudreau Firm offers answers and a way forward.  We are based in St. Petersburg, Florida, and serve Tampa Bay, Clearwater, Pinellas County, Sarasota County, Manatee County, Hillsborough County, Hernando County, Pasco County, and beyond. Call The Boudreau Firm at 727-390-7614 today to schedule a consultation.

Scroll to Top