My question involves court procedures for the state of: Florida
Florida Statute F.S.A. 501.2077 specifically defines the following:
(e) “Senior citizen” means a person who is 60 years of age or older.
(2) A person who is willfully using, or has willfully used, a method, act, or practice in violation of this part which victimizes or attempts to victimize a senior citizen or a person who has a disability is liable for a civil penalty of not more than $15,000 for each such violation if she or he knew or should have known that her or his conduct was unfair or deceptive.
This violation falls under FTC and FDUTPA laws, specifically Consumer Law Deceptive and Unfair Business Practices. Used car dealer posted deceptive online ad, lied in person and by text, failed to post FTC Buyer's Guide with "As Is" clause which is mandated by law, was selling car but hid it from inventory so he could say he wasn't actually selling it despite his online ad, forged notice of sale with original owner's info he bought car from but which he and his mechs lied about its true condition, didn't do a salvage title nor transfer title from original owner's name on purpose, removed fleet car and wreck information off of Carfax because it showed car was dangerous wreck. He wears religious clothing with religious passages up on walls so people will think he's honest. He told me to pay his mech instead of him because I wouldn't be back down there in 30-days under his warranty. In reality he knew how truly dangerous the car was and that it had extensive mechanic problems which would cost more than cost of car or even what he claimed it was worth to fix. He didn't have online reviews up at the time he posted ad which Car Gurus said was a "good buy" but now he does with other victims saying he puts up dangerous wrecks with doctored photos and misrepresents them in person. People are coming in from far away based on his description and being deceived. He also has had his license suspended at least once since I was pressured into buying car. I was far away from home, didn't know what to do, didn't know if they were lying, and literally pressured and lied to repeatedly while I was trying to decide what to do. I only agreed based on their on-site mech's representation he ran the computer codes on it and it passed. He claimed to have done an oil change on it. Both mechs said it had no engine, frame, electrical or transmission problems because I asked them with somebody on speakerphone on my cell listening. I have affidavits from her. It couldn't have because it needed a new engine and also couldn't do an oil change since the oil chamber was smashed. I demanded refund within one hour because I said it had engine problems. I was refused with their mech saying: "it was a sensor problem and just take it to Auto Zone." Since Dealer NOT Mech had forged the name of original owner/mech and had me pay mech I had no info on mechanic other than mobile number. I didn't know until driving it longer than test drive it had engine problems because "check engine" light came on. Dealer claimed "As Is." But what I agreed to was that it had NO mechanical problems and was worth the $5600KBB they had advertised it being worth. "As Is" clauses have been knocked down by FL 3d Court of Appeals in at least two decisions. FTC requires "As Is" clauses to be put in Buyer's Guide in window which dealer didn't do.
I am over 60, disabled, and a military veteran. I was pressured so strongly with mech having a temper tantrum if I didn't buy the car. He scared me and since I am the victim of domestic violence I didn't know if he would take it further than just verbal abuse. I couldn't think clearly with him yelling at me. Later when he wasn't physically in front of me frightening me I demanded a refund (ONE hr later to be exact). But he just lied again saying it was a sensor. The car overheated badly. It needed a new engine and they knew it wasn't a sensor problem when posting ad. They never mentioned the wreck and I never would have guessed it since car cosmetically didn't look wrecked. I had a SC Sheriff see the physical condition of car when it broke down and he had to help me. I want to sue under violation of Dealer's F.S.A. 501.2077 violation and F.S.A. 319.33 Notice of Sale forgery since I think it would be easier to prove. Original owner never signed notice of sale and that statement was made to state attorney as well as police report filed. I literally have NO way to get out of the house since the car is not driveable. It is also not registered since it is not driveable. They deliberately deceived me about the check engine light and I never even know about the wreck which made it dangerous to drive. It shouldn't have ever been put up for sale period. They knew at time of online ad it had major engine problems and also was unsafe to drive, literally a F.S.A. 319.30 violation because it would take more than 80% of fair market value to make it safe. It was considered "dangerous" at time of the online ad and subsequent sale. I had only guessed at engine problems without really knowing. It was later substantiated by a Certified Mechanic. I was forced to drive it home when he refused me a refund of my money. I had no idea I could have been killed or would have gone to police immediately and filed a police report. I later did file with DMV Enforcement but Dealer hid the car from inventory (another deception), dealer lied about the online ad and Car Gurus doesn't keep archives (but would be on his computer retrievable by "undelete" software), and he is saying it's the original owner's fault because the dealer didn't sell the car to me. I signed it thinking that person's info was the dealer's since all he was called was Rabbi never by name. At all times this dealer and mech intended to deceive and victimize me with their actions especially in person.

