AG considers 'language other than English' advertising transaction rule.The Office of the Attorney General's Department of Legal Affairs is considering developing a rule to address consumer transactions where advertising or the transaction is in a language other than English. The preliminary text of proposed Rule 2-9.008 reads: "Language Other Than English; (1) It shall be an unfair or deceptive act or practice to disseminate any advertisement without including therein all required disclosures or limitations on the offer in the language principally used in the advertisement. (2) It shall be an unfair or deceptive act or practice to, except as provided herein, execute any document which is written in English and signed by the consumer when the consumer transaction to which said document relates has been negotiated principally in a language other than English; however, a supplier shall not be required to provide a translation when fewer than 5 percent of all consumer transactions which occur at a single business location are negotiated principally in the language into which documentation would otherwise have to be translated. Nothing herein shall be construed to condone condone v. 1) to forgive, support, and/or overlook moral or legal failures of another without protest, with the result that it appears that such breaches of moral or legal duties are acceptable. an unconscionable Unusually harsh and shocking to the conscience; that which is so grossly unfair that a court will proscribe it. When a court uses the word unconscionable to describe conduct, it means that the conduct does not conform to the dictates of conscience. transaction intended to deceive the consumer. In complying with this subsection, a document executed in a consumer transaction shall be written in the language principally used in negotiating the consumer transaction; however, this requirement may be met by furnishing the consumer, prior to the execution of the documents, a written translation of the document in the language principally used in negotiating the consumer transaction. Said translation shall be furnished on a separate piece of paper which clearly identifies the supplier and the consumer transaction and states the following, clearly and conspicuously, in the language of the translation: 'READ THIS FIRST' This is a translation of the document that you are about to sign: Whenever a translation into a language other than English shall be required by the subsection, the supplier shall be obligated ob·li·gate tr.v. ob·li·gat·ed, ob·li·gat·ing, ob·li·gates 1. To bind, compel, or constrain by a social, legal, or moral tie. See Synonyms at force. 2. To cause to be grateful or indebted; oblige. to provide the consumer a translation of the document accurately reflecting the substance of the document. This subsection shall not apply to; (a) any document executed by the consumer pursuant to an existing revolving account A revolving account is a type of debt account where the outstanding balance does not have to be paid in full every month by the borrower to the lender. The borrower maybe required to make a minimum payment, based on the balance amount. agreement or retail installment sales Installment sale The sale of an asset in exchange for a specified series of payments (the installments). installment sale A sale in which the buyer is scheduled to make a series of payments over a period of time. contract if the existing revolving account agreement or retail installment sales contract was executed prior to the effective date of this section. (b) any registration or license required by law to be executed by the consumer. (c) delivery receipts, or cash sales sales made for ready, money, in distinction from those on which credit is given; stocks sold, to be delivered on the day of transaction. See also: Cash receipts. (d) any document relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc a consumer transaction involving a purchase price of less than $150 unless statutory or regulatory disclosures are required. Specific Authority 501.205 FS. Law Implemented 501.204, 501.205(1) History: New--." The Florida Bar The Florida Bar is the mandatory state bar association for the state of Florida. It is the third largest such bar association in the United States. Its duties include the regulation and discipline of attorneys. already has a rule governing lawyer advertising indicating that required information--including disclosures--must appear in the same language that the ad appears in, and if multiple languages are used, then all required information must appear in all languages used in the advertisement, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. Elizabeth Tarbert, the Bar's ethics counsel. (See Rule 4-7.2(c)(10).) To comment on the AG's proposed rule development, contact Lisa M. Raleigh, special counsel, complex litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. , Office of the Attorney General, The Capitol, PL-01, Tallahassee 32399-1050, telephone (850) 414-3821, fax (850) 414-9650. |
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