Violation of Public Policy
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. 4 th 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 www.trentcotney.com