Omer Bechor v. Simcenter, Inc.
394 So.3d 666
Fla. Dist. Ct. App.2024Background
- Former students of Jet University (JetU), a flight training school, sued after JetU closed before they could complete their training, alleging deceptive practices surrounding student loans and guaranteed job placements.
- JetU, not accredited for federal financial aid, coordinated with Simcenter, Inc. (owned by Henry George) to enable students to use Simcenter’s accreditation to obtain student loans.
- Students allege that George and JetU’s owner, Cohen, orchestrated a deceptive scheme using Simcenter’s credentials and misrepresenting JetU’s eligibility for loans and job placement guarantees.
- The students’ suit included claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) against Simcenter, JetU, and both owners individually.
- The trial court granted summary judgment for George, finding insufficient allegations for a cognizable individual FDUTPA claim; the students appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of FDUTPA Claim against George Individually | George actively participated in deceptive conduct | Plaintiffs didn’t allege personal conduct by George | Sufficient evidence for jury; reversed |
| Causation between Deceptive Acts and Damages | Deceptive acts caused students’ financial losses | No causally connected damages established | Causation adequately alleged |
| Effect of Release/Waiver in Enrollment Agreements | Release only covered Simcenter, not officers | Release language protects George from liability | Release doesn’t bar individual claims |
| Summary Judgment Standard Application | Disputed material facts preclude summary judgment | No genuine issue of material fact | Genuine issues exist; summary reversed |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (standard for material fact in summary judgment)
- Celotex Corp. v. Catrett, 477 U.S. 317 (burden shifting in summary judgment)
- Rollins, Inc. v. Butland, 951 So. 2d 860 (elements of a consumer FDUTPA claim)
- PNR, Inc. v. Beacon Prop. Mgmt., Inc., 842 So. 2d 773 (definition of unfair practice under FDUTPA)
- Moore v. Morris, 475 So. 2d 666 (when issues of fact must go to jury)
- Littman v. Commercial Bank & Tr. Co., 425 So. 2d 636 (corporate officer's personal liability for torts)
- KC Leisure, Inc. v. Haber, 972 So. 2d 1069 (FDUTPA individual liability for active participation)