Accepting Payments Online – Legal Considerations in Florida

2. Florida Legal Context

Online payment processing for Florida businesses is regulated by both state and federal law:

• Florida Deceptive and Unfair Trade Practices Act (FDUTPA, Ch. 501, Fla. Stat.) – prohibits misleading or unfair billing practices.
• Florida Money Transmitter Act (Ch. 560, Fla. Stat.) – applies if your business processes or transmits money for others (such as acting like a payment service).
• Florida Information Protection Act (FIPA, §501.171) – requires businesses to safeguard customer payment data and report breaches.
• Federal laws:
  • Truth in Lending Act (TILA) and Electronic Fund Transfer Act (EFTA) – regulate disclosures and consumer rights for electronic payments.
  • PCI-DSS (Payment Card Industry Data Security Standards) – industry standards required for businesses that accept credit card payments.
• Sales tax obligations: Florida requires collection of sales tax on taxable goods/services even when payment is made online.

3. Real-World Application

Examples of online payment considerations:

• A Tampa clothing boutique accepts payments through Shopify and must ensure PCI compliance and collect Florida sales tax at checkout.
• An Orlando digital consultant uses PayPal but fails to issue clear refund terms—leading to a chargeback dispute.
• A Miami subscription-based fitness site is required to include clear cancellation policies under consumer protection laws.

4. Why It Matters for Business Owners

Improper handling of online payments can result in fines, lawsuits, or even personal liability.

Why it matters:

• Fraud prevention: Chargebacks and identity theft are common in online transactions.
• Compliance: Florida and federal regulators can impose heavy penalties for improper billing or data breaches.
• Tax liability: Sales tax must be collected and remitted correctly.
• Customer trust: Clear policies and secure systems encourage repeat business.

Common mistakes in Florida:

• Not disclosing refund, return, or cancellation policies.
• Treating sales tax as profit instead of remitting it to the state.
• Failing to encrypt or secure payment data under PCI standards.
• Ignoring recurring billing rules for subscription-based services.

5. Real-World Florida Examples

• A Sarasota e-commerce company was fined after a data breach exposed thousands of customer credit card numbers, violating FIPA.
• A Jacksonville online subscription service avoided lawsuits by updating its Terms of Service to include clear cancellation and refund policies.
• A Fort Lauderdale startup lost thousands in chargebacks by not implementing fraud-screening tools in its payment gateway.

6. How Our Law Firm Can Help

At Black Rock Trial Lawyers, we help Florida businesses accept payments online safely and legally. Our services include:

• Drafting refund, return, and cancellation policies that comply with FDUTPA
• Advising on sales tax collection and remittance for online payments
• Reviewing and negotiating merchant service and payment processor agreements
• Ensuring compliance with PCI-DSS standards and data protection laws
• Advising subscription businesses on recurring billing rules
• Representing businesses in disputes with customers, banks, or regulators

We make sure your payment systems are legally compliant and financially protected.

7. FAQs (Frequently Asked Questions)

Q: Do I need a Florida license to accept payments online?
A: If you are only collecting payments for your own business, no. If you transmit or process payments on behalf of others, you may need a Money Transmitter license.

Q: Do online sales require charging Florida sales tax?
A: Yes. If the product or service is taxable in Florida, you must collect sales tax even if payment is made online.

Q: Are refund and cancellation policies legally required?
A: Yes. Florida consumer protection law requires transparency in refund and recurring billing practices.

Q: What happens if my website is hacked and payment data is stolen?
A: Under FIPA, you must notify affected customers and the Florida Department of Legal Affairs, and you may face fines for failure to secure data.

Q: Why should I hire a lawyer for online payment issues?
A: A lawyer ensures your payment practices comply with Florida law, protect you against chargebacks, and reduce liability for fraud or data breaches.

8. How to Retain Our Law Firm

We offer multiple access points tailored to your needs:

• Flat-Fee Retainers: Set pricing based on project scope (quoted after your consultation)
• 1-Hour Strategy Consultations: A high-impact session to assess your issues, answer questions, and develop a legal roadmap. Pricing starts at $500.00.
• 3-Hour Master Strategy Sessions: A deep dive analysis with detailed, actionable solutions tailored to your business challenges
• Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program (Read below)

All services are available in-person, by phone, or virtually.

9. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

• On demand strategic legal consultations with Attorney Gil Sanchez
• Document review and compliance audits
• Guidance on contracts, leasing, employment, and liability
• Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
• Proactive legal support to mitigate lawsuits and reduce risk exposure
• Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
• Entrepreneur coaching and a growing library of business education resources
• Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

We make it easy to get started:

• Call or text us at (813) 254-1777
• Or fill out the secure contact form below

A member of our team will respond promptly to schedule your consultation.

10. How to Contact Our Law Firm to Retain

We make it easy for you to retain us:

• Call or text: (813) 254-1777
• Email: info@blackrocklaw.com
• Or submit your request using the form below

Our team will promptly follow up to confirm availability and next steps.

11. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida — one of the top public universities in the country. Since 2004, he has built a reputation as a formidable business and trial attorney, successfully trying cases before juries in both Florida state and federal courts.

Gil’s legal practice is deeply informed by real-life experience. He launched his first business at age 13 and has continued to build, lead, and advise companies ever since. He’s a licensed business broker (since 2007), an adjunct professor of entrepreneurship at St. Petersburg College, and a trusted advisor to entrepreneurs, professionals, and business owners across Florida.

He’s also an inventor, author, and public speaker — holding a U.S. utility patent and federal trademark. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his legal insights have appeared on CNN, ABC’s 20/20, and other national platforms. Raised by Colombian parents in West Virginia and fluent in Spanish, Gil brings cultural fluency, resilience, and a fighter’s mindset to every client matter.

Above all, Gil is a devoted family man — happily married and the proud father of three beautiful children. His commitment to family shapes the way he practices law: with empathy, integrity, and a relentless drive to protect what matters most.

At Black Rock Trial Lawyers, you’re not just getting a legal technician — you’re hiring a battle-tested strategist who understands both the courtroom and the real world. That’s who’s fighting for you.

12. The Law Firm’s Geographical Reach

We proudly represent businesses across all counties in Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

From Miami to Jacksonville, Pensacola to Key West—Black Rock Trial Lawyers is here to help Florida businesses thrive.

13. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.