Tampa Student Loan and Bankruptcy Lawyer Blog — September 25, 2020
Call me jaded but the Florida Uniformed Servicesmembers’ Protection Law is a junk law for consumers.
The Florida Uniformed Servicesmembers’ Protect Act was passed by the Republican-led legislature more than twenty years ago in order to make a big deal about how much Republicans love veterans. It is like most consumer statutes passed by the Legislature in the past twenty years since Democrats were last in power. It is a textbook example of how to not write an effective consumer law.
It only added a stupid requirement for state agencies to create literature informing service members about SCRA. No requirement was made that businesses actually distribute them. I doubt that anyone at the state has even checked the literature. It contains a $1,000 fine and no attorney fees provision.
The FUSPA was drafted in an hour or so, with a generous cup of coffee.
This statute is as worthless as the majority of Florida statutes since the 1990s. (except the Fla. TCPA). Judge Hinkle stated: “This doesn’t mean, however that FUSPA provides a private right to action.” The statute does indicate who can bring an action and recover any “civil penalties.”
The secret to a good law is to allow for a private right to action. You can hire an lawyer. This is the way. This is the way.
If you are in Florida, perhaps we can help if you are frustrated by bill collectors who may not be following the law… click the link below, call us at 813-258-2808 or email us at info@christiearkovich.com.
