The Department of Justice sued towing Target Towing and Recovery (Target) in the US Court for the Middle District of Florida, Tampa Division, for the tow and illegal sale of a service member’s vehicle. The complaint alleges that Target violated the Service Members Civil Relief Act (SCRA) when Target sold the service member’s vehicle without providing her with adequate notice. A google search, the complaint…
The Fair Labor Standards Act (FLSA), a federal law that regulates employees’ wages, requires generally that employers pay employees at least the Federal minimum wage per hour. Section 3(m) of the FLSA allows an employer that meets certain requirements to count a limited amount of the tips its “tipped employees” receive as a credit toward the employer’s Federal minimum wage obligation. This is why restaurants…
Renown Legal news site law360.com published an article by attorney Eduardo A. Maura where he discusses the current state of litigation involving clickwrap hybrid agreements. Hybrid clickwrap agreements are internet contracts where consumers are asked to assent by click to an agreement that is available via a hyperlink, which in turn contains itself a hyperlink with an additional agreement. In the article, A. Maura discusses…
Ayala filed a breach of contract action against Luna Park, a high end italian food restaurant in Miami’s Brickell City Center. In the lawsuit, Ayala’s client alleges that BCC Food Hall LLC, the company owner of the restaurant, unilaterally cancelled its payment obligations under the contract. The lawsuits further alleges, that in a parallel and similar contract, Mr. Costa also, unilaterally, abandoned its payment obligations…
After two contentious hearings, Ayala was able to defeat Exclusive Residence’s (ER) Motion to force Ayala’s client into an expensive, time consuming arbitration process. Ayala filed the lawsuit against ER, a timeshare seller, back in October 2019 alleging that through deceptive, well-planned methods, ER targets innocent consumers (mostly foreigners) to sell them a phony vacation package with the single goal of getting consumers to agree…
We live in the world of agreements by “click” rather than signature. The digital era has converted the world of contract into clicks, bytes and electric pulses. In this new contract world, there are two common internet type of agreements: “browse wrap” and “clickwrap” agreements. Browse wrap are agreements in which the user agrees to the terms simply by using the website or product. You…
Ayala files privacy violation class action under the Telephone Consumer Protection Act (TCPA) against covid-19 opportunistic Dreside.com and its owners. Navitelia, the parent company took advantage of the covid-19 pandemic to mass text and email thousands of individual consumers, without their consent and despite countless of “Stops,” and “Unsubscribes,” by consumers. Under the TCPA, a company cannot text or call consumers without their consent using…
Ayala filed the first civil rights case in the wake of Mr. George Floyd’s killing and the subsequent societal call to take action against police brutality. In the lawsuit, Ayala’s client alleges that during a domestic violence call, members of the Hallandale Police force came to the Plaintiff’s home, entered without a warrant or reasonable suspicion, and beat them inside his own place, dragged…
On June 25, 2020, a Florida judge entered a written opinion certifying a class of hundreds of vehicle owners whose vehicles were towed by American Towing of Miami. The case was filed originally in July 2018 in county court and then transferred to circuit court in March 2019. After overcoming innumerable hurdles and the defense’s dilatory tactics, Ayala was able to prevail at the Motion…
By Eduardo A. Maura. The recent events leading to and after the brutal murder of Mr. Floyd, have shaken us to the core. We thought that, in his memory, the least we can do is be useful. Under our George Floyd Pro Bono Representation Program, we will represent pro bono, victims of police abuse, persons that encountered legal problems while protesting peacefully, or any other…
Attorney Eduardo A. Maura was admitted to practice in the District of Columbia. The admission is part of a process that permits attorneys admitted for more than 5-years in other jurisdiction, and in good standing, to practice in the DC district. As stated by A. Maura: “I am happy to be admitted to the DC district. This admission is very helpful for our growing class…
The renown legal news company The National Law Review published an article by Attorney Eduardo A. Maura where he describes his recent experience while entering the U.S. from Mexico, and the scrutiny he was subject to by border agents. In the article, Maura describes the directives used by customs agents when searching individuals at the borders, and how vulnerable is the attorney-client privilege information…
The renown legal news website law360.com featured Ayala’s class action against LATAM Airlines. The lawsuit seeks to certify a class of plaintiffs whose flights were unilaterally cancelled by LATAM. In the Class Action Complaint, Plaintiffs allege that LATAM’s practice of cancelling consumer’s flights, when they cannot make one leg of their trip (the so called “no-show” policy), is unlawful and unjustly enriches LATAM at the…
Ayala filed a lawsuit on behalf of its client, a Florida limited liability company (TM Solutions), alleging that, when LATAM cancelled the flights TM Solutions purchased for its employees, despite having been told that the passengers needed these flights, LATAM violated the Montreal Convention and Florida consumer protection statutes. The class action also alleges that LATAM policy of cancelling consumers’ flights, when they cannot make…
The Daily Business Review published Berta Gonzalez’s article regarding service of process on a foreign company through its US branch. Gonzalez is a law clerk at the Ayala. The article addresses whether or not one can serve a foreign company through a US subsidiary, or does the costly and time-consuming process set by the International Convention on the Service Abroad of Judicial and Extra Judicial…
