The "unless permitted by law" language has been construed in decisions such as Johnson v. Riddle, 305 F3d 1107 (10th Cir. 2002), to mean that the charge or additional fee must be specifically established in the state's law or court decisions. Examples of these additional fees, which are specifically enumerated, include bad check charges or condo fees. With few exceptions, states have not created specific statutory authority to add collection costs to nonfederal student debts. Florida, for example, has created such a state law authority pursuant to Florida Statutes, Title XLVin, Section 1010.03 (13)(i). These consumer groups were very active in lobbying the federal government to limit the addition of collection costs to federal debts. As a result, new regulations went into effect on July...
In Beckett v. Department of Financial Services, the Florida Court of Appeal dealt with an improper sales technique known as "sliding." Insurance agent Paula Evelyn Beckett obtained review of an amended final order of the Department of Financial Services (the Department), which suspended her insurance license for 12 months. Beckett contended the Department erred in accepting the administrative law judge's (ALJ) finding that she sold ancillary insurance products without obtaining her customers' informed consents, a practice known as sliding and labeled an unfair or deceptive practice under section 626.9541(1)(z)3, Florida Statutes (2004). The Court of Appeal concluded there was no error in the ALJ's findings and affirmed the Department's order in part, reversed it in part, and sent the ca...
The types of crimes that cannot be sealed or expunged include: Sexual misconduct relating to luring or enticing a child; procuring a person under age 18 for prostitution; Lewd or lascivious offenses committed against persons below 16 years of age; Voyeurism; Lewd or lascivious offenses committed against the elderly or disabled; Sexual performance by a child; Prohibition of certain acts in connection with obscenity relative to a minor; Computer pornography; Selling or buying minors; Sexual offenders requested to register with the Department, or anyone categorized under the Sexual Predator's Act; Florida Communication Fraud (schemes to defraud through the use of communications and technology i.e. Internet fraud, phone scams etc.); Trafficking; mandatory sentences, suspension or reduction ...
...Florida Statutes s.943.0585 and s.943.059 set forth the criteria th...
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