The Florida Uniformed Servicemembers’ Protection Act was enacted by the Republican led legislature over twenty years ago to make a lot of noise about how much the GOP loves veterans. Like most consumer statutes enacted by the Legislature since Democrats last ran the state in the 1990s, it is all about appearance and no substance. It is the paradigm of how not to write an effective consumer statute.
The only thing it added was some stupid requirement that state agencies create literature telling service members about the SCRA. And no requirement that any business actually hand them out. Quite frankly, I doubt anyone at the state even bothered to check the literature.
It has a $1,000 penalty and no attorney fee provision.
Whoever drafted the FUSPA spent maybe an hour in front of a keyboard with a generous coffee break.
It is worthless as most other statutes here in Florida since the 1990s (except for the Fla. TCPA). As stated by Judge Hinkle: “This does not mean, however, that FUSPA creates a private right of action. The statute does not indicate who may bring an action for and recover any “civil penalty.”
The key to a good law like this is to allow a private right of action. That means you can hire an attorney. Better yet, provide a prevailing party clause to allow someone to hire an attorney who is then paid when you win. 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.