83 So. 3d 847
Fla. Dist. Ct. App.2011Background
- The Florida OAG issued an investigative subpoena duces tecum under FDUTPA to the Law Office of David J. Stern, P.A. over foreclosure-related practices.
- The subpoena sought extensive information about the firm’s foreclosure operations, including personnel, affiliates, and certain documents tied to foreclosure cases and payments.
- Law Firm moved to quash arguing the OAG lacked FDUTPA authority because the firm did not engage in trade or commerce as defined by the statute.
- The OAG claimed it was investigating alleged deceptive and unfair practices connected to foreclosure litigation, based on consumer complaints.
- The trial court denied the petition to quash; the issue presented is whether the subpoena authority under FDUTPA extends to this context.
- The court reversed, holding the OAG lacked authority under FDUTPA to issue the subpoena because the conduct did not fall within trade or commerce.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OAG had FDUTPA subpoena authority | Law Firm: lacked trade or commerce connection; FDUTPA not triggered | OAG: FDUTPA authorizes investigative subpoenas for potential violations | OAG lacked authority; subpoena quashed |
Key Cases Cited
- State, Office of Att’y Gen. v. Shapiro & Fishman, LLP, 59 So.3d 353 (Fla. 4th DCA 2011) (affirmed quash of subpoena; not within trade or commerce)
- Kelly v. Palmer, Reifler & Assocs., P.A., 681 F.Supp.2d 1356 (S.D. Fla. 2010) (pre-suit demand letters not within trade or commerce)