Violation of Public Policy

By Anonymous -
McKenzie Check Advance of Florida, LLC, et. al. v. Wendy Betts, et. al., 38 Fla. L. Weekly, Supreme Court of Florida Case No. SC11-514, issued on April 11, 2013: The appellate court's decision in McKenzie v. Betts, 55 So. 3d 615 (Fla. 4th DCA 2011), finding that in a FDUPTA claim,  a class-action waiver in an arbitration agreement violated public policy, was unanimously quashed based on the U. S. Supreme Court's intervening holding in AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011) that such waivers were preempted by the Federal Arbitration Act.
(From RPPTL Subcomittee)
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602


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