Legal Question in Consumer Law in Florida

Re: Online practices to entice membership

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I do not believe that this practice was ever anticipated by the legislature while enacting the Laws of the State of Florida. Accordingly, there are no laws directly on point.

I seem to remember that this issue has been addressed in some other state, however, with a lawsuit being filed against one of the major players in the industry. It is my belief that a court in Florida would find this practice to violate one or more prohibited practices and be considered improper or illegal.

I would strongly urge you to consult an attorney who can review the specifics of your situation and give you legal advice.

Scott R. Jay, Esq.