Legal Question in Consumer Law in Florida

Can a merchant charge different prices to different consumers for identical services? My friend and I joined a health club within days of each other and purchased the same service yet were charged two different prices that varied by almost $300. Is this legal?

Asked on 8/31/13, 7:22 pm

2 Answers from Attorneys

Byron Petersen Byron G. Petersen P.A.

Here is your typical "broken record" lawyer response: "It depends" !!!

If its a simple price increase the merchant is within his rights to pursue all the profits it can.

If it is not so simple, but an intentional act to somehow defraud you into paying more than a less expensive "hidden price" there is possibly an action for violation of Florida's Unfair and Deceptive Trade Practices Act. Analagous somewhat to a "bait and switch".

Contact the Florida Department of Insurance and they will guide you to Florida's Consumer Rights Agency.

This, of course, is not a legal opinion upon which you can rely. You need to formally engage an attorney and sit down in a face to face conference. Recall that at times Merchants retaliate against those who exercise their legal rights. You must balance the pros and cons carefully.

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Answered on 8/31/13, 9:17 pm
Angelo Marino Angelo Marino Jr. PA

Yes, if not fraud or based on discrimminatiion.

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Answered on 9/02/13, 10:21 am

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