The Florida Bar
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The Florida Bar Journal
Lender Liability for Merchant Misconduct in Consumer Transactions

by Ian Forsythe
There is a great deal of misconception about whether lenders (including banks, credit unions, and finance companies) are subject to the claims and defenses that a consumer has against a merchant when the lender provides the funds to finance a consumer transaction. This issue arises in a variety of situations involving the use of credit in consumer transactions, and this article will present the more common scenarios and discuss the various reasons why, in most cases, lenders are subject to the claims and defenses that a consumer has against the merchant.

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President’s Page
Walking Together on the Path to Unity
by Gwynne A. Young

Business Law
Recent Changes to Florida’s Wage Garnishment Exemption
by Mark S. Mitchell

Appellate Practice
Florida Appellate Rules Should Allow for Interlocutory Appeal of Decisions to Deny Jury Trial
by Mark Miller

General Practice, Solo and Small Firm
A Grave Situation: Protecting the Deceased and Their Final Resting Places from Destruction
by Michael T. Olexa, Nancy C. Hodge, Tracey L. Owens, and Caycee D. Hampton

Tax Law
Repatriation of Profits to Latin America: Who Needs Treaties!
by Jeffrey L. Rubinger

Family Law
Binding Arbitration, Voluntary Trial Resolution, and Med-arb Proceedings in Family Law
by Ned I. Price

Administrative Law
Advancing the Legal Profession with Typography
by Suzanne Suarez Hurley

Books
November 2012
Volume 86, No. 9
Engle v. Liggett: Has Big Tobacco Finally Met Its Match? by J. B. Harris


Ricky Polston: Chief Justice of the Florida Supreme Court — by Annie Butterworth Jones (Sept/Oct 2012)

Walking on Sunshine Laws: How Florida’s Free Press History in the U.S. Supreme Court Undermines Open Government by Joseph T. Eagleton (Sept/Oct 2012)

“Manifest Disregard”: Not Yet Entirely Disregarded by Matthew Wolper (Sept/Oct 2012)

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[Revised: 11-27-2012]