Undisclosed Damage
Prior accidents, frame damage, flood damage, or major mechanical problems the dealer knew about but didn't disclose, or actively concealed.
Hidden accident damage, surprise fees, repairs you never authorized, a bill far higher than the estimate, a shop that won't give your car back. Florida's Deceptive and Unfair Trade Practices Act (FDUTPA) and Motor Vehicle Repair Act give consumers real remedies. McNamara Law helps Central Florida consumers use them.
The Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §§ 501.201–501.213, makes it unlawful for a business to use deceptive acts, unfair practices, or unfair methods of competition in trade or commerce. It applies to car dealers, repair shops, contractors, and many other businesses.
A consumer who has suffered a loss because of a FDUTPA violation can sue for actual damages, which is often measured as the difference between the value of what you were promised and the value of what you actually got. The court may also award reasonable attorney's fees to the prevailing party.
* About feesFee awards under FDUTPA are discretionary and can run in either direction, so a business that wins may ask the court to make the consumer pay its fees. That is why an honest evaluation of your claim before filing matters.
Buying a car is one of the largest purchases most people make, and one of the most common sources of consumer complaints. These are some of the dealer practices we see most often.
Prior accidents, frame damage, flood damage, or major mechanical problems the dealer knew about but didn't disclose, or actively concealed.
Salvage, rebuilt, or flood-branded titles that weren't disclosed, former rental or lemon-buyback vehicles sold as something else, or a title the dealer can't deliver.
Rolled-back or misstated mileage. Federal law provides enhanced damages for odometer fraud in addition to Florida claims.
You drive the car home, then get called back days later and told the financing "fell through" and you must sign at a higher rate or lose your down payment or trade-in.
Service contracts, GAP, protection packages, and fees added without clear disclosure or consent, or a price that doesn't match the advertised price.
The dealer promised to pay off your trade-in loan and didn't, leaving you responsible for two car payments and damaging your credit.
Signed an "as is" form? That generally limits implied warranties. It does not give a dealer permission to lie about a vehicle or hide known problems. Florida also requires a written demand letter to a motor vehicle dealer at least 30 days before a FDUTPA lawsuit is filed, and we handle that step for you. For new vehicles with repeated defects, Florida's Lemon Law (Chapter 681) may also apply.
Florida's Motor Vehicle Repair Act, Fla. Stat. §§ 559.901–559.9221, sets specific rules that most repair shops must follow. A customer injured by a violation can sue for damages and, in many cases, attorney's fees and costs. Violations may also support a FDUTPA claim.
We represent consumers in disputes over:
Florida law generally allows a repair shop to assert a lien on a vehicle for the reasonable cost of authorized work, which is why shops often refuse to release a car until the bill is paid. But a lien is not a blank check.
Under Florida law, a customer who disputes a repair bill can usually obtain the release of the vehicle by posting a bond with the clerk of court for the amount of the invoice. The vehicle is released, and the dispute over what is actually owed is decided by the court instead of by the shop holding your car hostage while storage fees grow.
What you do in the first days after discovering a problem can make or break a consumer case.
Contracts, buyer's orders, estimates, invoices, ads, window stickers, texts, emails, and voicemails. Screenshot online listings before they disappear.
Photos, video, and an independent inspection or second opinion from another qualified mechanic.
Communicate in writing where possible, and keep your tone factual. Avoid signing releases or accepting partial "goodwill" offers before getting advice.
FDUTPA claims are generally subject to a four-year limitation period, but other claims and remedies can have shorter windows.
We'll review your documents, identify every available claim, and handle the pre-suit demand and negotiation.
FDUTPA applies far beyond the car lot. If a business misled you or treated you unfairly, we can help you evaluate your options.
The questions we hear most often from Central Florida drivers and consumers.
FDUTPA is the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 and following. It prohibits deceptive acts, unfair practices, and unfair methods of competition in trade or commerce, and allows consumers who suffer a loss to sue for actual damages. Courts may also award attorney's fees to the prevailing party.
Often, yes. An "as is" clause generally disclaims implied warranties, but it does not authorize a dealer to make false statements or conceal known defects, title brands, or accident history. Claims for deception and fraud may still be available.
Yes, for FDUTPA claims against a motor vehicle dealer. Florida law requires a written demand letter to the dealer at least 30 days before filing suit, and the letter must include specific information. A properly prepared demand also gives the dealer a chance to resolve the claim before litigation.
Not necessarily. Under Florida's Motor Vehicle Repair Act, a shop that provided a written estimate generally cannot charge significantly more without your authorization before the additional work is performed. Ask for an itemized invoice, compare it to the estimate and any authorizations, and get advice before paying or signing anything.
Florida law generally allows a customer to obtain release of the vehicle by posting a bond with the clerk of court in the amount of the invoice, so the dispute can be decided by a court while you get your car back. Paying under written protest is another option in some cases. Act quickly, because storage fees can add up.
FDUTPA claims are generally subject to a four-year statute of limitations, but related claims may have different deadlines and the start date can depend on the facts. The sooner you get advice, the more options you'll have.
Fee arrangements depend on the case and will be explained clearly before we begin. FDUTPA and the Motor Vehicle Repair Act allow courts to award attorney's fees, which can make smaller consumer claims practical to pursue. FDUTPA fee awards can also run against a consumer who loses, which is one reason we evaluate every claim carefully first.
Bring your paperwork, photos, and messages. We'll tell you whether you have a claim, what it may be worth, and how to pursue it.