We Accept
Major Credit Cards
Contact us today for a
consultation or quote:
The Law Offices of
Edward A. Maldonado, PA
815 Ponce De Leon Blvd.
Suite 304
Coral Gables, FL 33134
Tel: (305) 477-7580
Fax: (305) 477-7504
Toll-Free: 1+ (877) 245-6326
eam@maldonado-group.com
Our hours of operation are:
9:00am EST to 5:00pm EST
Edward A. Maldonado, Esq.
Practicing Attorney
since 1997
Join us on Word Press
Proud Alumnus of
Serving Miami, Florida
Please remember that the hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide on selecting this attorney group ask us to send you free written infor-mation about our qualifications and experience.
We will be more
than happy to do so.
Federal Trade Commission Practice / State Attorney General UTPA Practice
Consumer issues related to questions of clarity of disclaimers, labeling, sales methods or business practices can involve inquiry by state and federal agencies including the FTC or State Attorney Generals. Prevention is always the best remedy from our perspective and the firm offers services in the area of attorney opinion letters as to law and regulation governing consumer sales and the policies of our clients. Such opinions neutrally review of applicable law and regulation over business activity or new product with implication of approvals or compliance with:
- Federal Trade Commission rules and guidelines
- Telemarketing rules and laws
- Do Not Call (DNC) requirements and practices
- U.S. Department of Health and Human Services, Federal Drug Administration labeling for non-drug products
- Federal Communication Commission rules
- State Regulatory Commissions rules
- State Departments of Financial Regulation rules
- State Unfair Trade Practice laws
We work with our client to develop clear and conspicuous language on disclaimers and labels to advise consumers of not only applicable terms of sale, but required disclosures. Our services include review of existing practices and investigations where an employee or officer diverged from established practices of the company resulting in inquiries by the FTC, State Attorney Generals or regulatory agencies.
Defense of Federal Unfair Trade Practice Act (UTPA) and False Advertising Claims in print or online
Sometimes we are approached at the onset of a UTPA claim or as co-counsel in the defense of class action UTPA violation lawsuits. Claims of UTPA violations carry both administrative law and litigation implications. In cases involving the FTC, claims may be filed in the federal district courts after initial investigation from the administrative agency. Often, Agreements for Voluntary Compliance can be reached with the agency prior to the commencement of a civil action. In rare situations, more than civil liability may exist, and clients and their officers may need to defend against criminal charges. Our firm provides legal representation in all phases of defense beginning at the investigation stage of actions, through negotiations, discovery, and formal and informal hearings for cases involving:
Federal Trade Commission
-
FTC investigations and violations of Unfair Trade Practice
-
Interstate false advertising claims
-
Telemarketing claims and violations
-
Do-Not-Call Violations – DNC violations by businesses and outsourced telemarketer
-
Internet, Social Networks and E-Commerce business investigations of Unfair Trade Practice
- Investigations and claims of Unfair Trade Practice associated with Interconnected VoIP Providers, VoIP Services, IP-PBX, and other non-common carrier providers of VoIP or SIP services
- Investigations and claims of Unfair Trade Practice associated with online sales of prepaid calling services, top-ups, and distribution of prepaid calling cards
- FTC negotiations in pre-lawsuit
- Preparation of responses and documents under subpoena by the FTC
- Representation in U.S. District Court by FTC for claims of Unfair Trade Practices
- Co-counsel representation with criminal defense attorneys to prepare documentation to be used in the owner, officer, or company’s defense
Defense of State & State of Florida Unfair Trade Practice Act (UTPA) Claims
|
Claims of UTPA violations can also have jurisdiction at the state level. In the State of Florida, we provide direct representation. In other jurisdictions, we work with local counsel or established co-counsel. Often, private causes of action may arise under UTPA, independent of administrative actions. Again our services begin at the investigation stage of actions, through negotiations, discovery, and formal and informal hearings for cases involving:
- State Unfair Trade Practice violations and investigations
- State violations of false advertising claims
- Representation in civil actions or class action defending UTPA claims
- Representation in criminal cases for violations of UTPA claims
The Special Case of Florida Telecommunication and VoIP Services and UTPA violations
Effective July 1, 2011, the Florida Public Service Commission (“PSC”) will no longer be regulating or handling mediating consumer complaints of Florida consumers for problems with long distance providers and retail telephony providers. Traditionally, the Florida PSC mediated such complaints with registered carriers allowing the carrier to resolve issues with the PSC instead of the FCC. Now, Florida consumers with complaints regarding commercial advertising of telecom and VoIP services (long distance and local), rates and fees charged, billing practices, and resolution of service problems will be referred to the Florida Attorney General for resolution, investigation or prosecution under Florida UTPA (FUTPA), as a general business law applicable to all doing business in the state. Telecom and VoIP providers offering services in Florida or from Florida should be keenly aware of this regulatory change and the legal effects of it.
Similar to the FTC, the Florida Attorney General has subpoena in any investigation of a trade practice under FUTPA. These types of subpoenas must be responded to or litigated within the state Courts of Florida. Should an investigation result in a reasonable cause for the Attorney General to find a violation of FUTPA, a lawsuit in the State Circuit Courts may be commenced. Legal representation in the Florida courts is an essential part of the process. The firm provides the following services in such cases:
- Representation in the investigative phase including coordinating documents in response to subpoenas and scope of subpoenas
- Pre-trial work (including court appearances) associated with the violation
- Negotiation of voluntary compliance agreements
- Representation at trial
Contact our firm today at (305) 477- 7580, Toll-Free at 1-877-245-6326, or via e-mail for general questions as to our specific services or representation on a particular matter.Individuals and businesses facing the threat of imminent lawsuits, regulatory Enforcement Actions or criminal charges are urged to contact The Law Offices of Edward A. Maldonado PA today to schedule a complementary consultation from our South Florida law firm. Time is always of the essence in such cases.
Most of all, thank you for visiting The Law Offices of Edward A. Maldonado PA website. Let us know if this site and its links were a helpful resource as a prospective or existing client.