...Florida law the common law doctrine of voluntary payment has been limited by statute. Under section 725.04 of Chapter 725 of the Florida Statutes entitled "Unenforceable Contracts," the Florida legislature has prohibited th...the voluntary payment doctrine contemplated under § 725.04. 686 So. 2d 653, 658 (Fla.Dist....TBW's counterclaims in this case. Section 725.04 was enacted to narrow or limit the voluntary payment doctrine — which had existed since the 1880's — in contract actions. The simple meaning of...

...apply here because, unlike the plaintiffs in Spivey, the State has proven consumer fraud. See id. at 822 (noting the voluntary-payment doctrine is inapplicable in cases in wh...voluntary-payment doctrine in actions alleging violations of consumer protection statutes, concluding such an application would subvert the underlying purpose of these statutes. See, e.g...Circuit, relying on the voluntary-payment doctrine, affirmed the district court's grant of summary judgment to a defendant telemarketing company in a consumer class action alleging breach of contract...

..., Telescripps and Cotton is misplaced. Although those cases did involve application of the voluntary payment doctrine to bar actions by consumers seeking to recover allegedly excessive charges, as the Co..., [b]ecause the [Natural] Gas Act's purpose is clearly remedial, [cit.] it should be liberally construed. [Cit.] In light of its remedial purpose, the voluntary payment ...refund for billing error resulting in overpayment). Appellant contends that the trial court correctly dismissed the complaint pursuant to the voluntary payment doctrine, which...

...be expected to suffer the consequences of its wrongdoing, then the customers' claim survives, notwithstanding the voluntary payment doctrine. Putnam, ...imposing such late-payment fees in the future was not justiciable because the customers failed to allege a present harm? ¶ 3. We hold that the voluntary payment doctrine bars...Warner moved to dismiss all the customers' claims on multiple grounds, among them that all the claims were precluded by the voluntary payment doctrine. In response, the customers asserted that the...

.... , 834 N.W.2d 12, 32 (Iowa 2013) (voluntary payment doctrine does not apply to preclude actions alleging violations of consumer protection statutes, and...that the voluntary payment doctrine did not apply to claims brought under the Consumer Fraud Act. He did not file an affidavit or other evidentiary matter to contradict the averments in Vartanian's...Payment Doctrine in Consumer Fraud Cases ¶ 19 We begin by considering McIntosh's assertion that the voluntary payment doctrine does not apply to cases brought under the Consumer...

..., 2020 WL 1915276, at *2 (N.D.Ga. Apr. 20, 2020) (noting that Georgia has codified the voluntary payment doctrine). In some states, the voluntary .... 2018). In that case, the Appellate Division, First Department, affirmed the district court's holding that the voluntary payment doctrine barred a plaintiff...claim, or if the voluntary payment doctrine would bar the counterclaim. “In order to demonstrate that a case or controversy exists to meet the Article III standing requirement when a plaintiff is seeking...

..., it should be liberally construed. In light of its remedial purpose, the voluntary payment ...has authorized voluntary payment as a defense to consumer class actions in opinions cited and followed by state and federal courts across the country. See Co...) ( 542 SE2d 640) (2000) (following Cotton and reversing denial of motion to dismiss class action by cable consumers on the ground that the voluntary payment doctrine barred plaintiffs' claims). As the Missouri Court...

...of it. Id. at 70-71. Even so, the Court of Appeals held that it was too early at the dismissal stage to determine if the voluntary payment doctrine barred Spagnola's claim. Id. at 73. Plain...., 574 F.3d 64, 72 (2d Cir. 2009). In Spagnola, the Second Circuit reversed the district court's dismissal of plaintiff's breach of contract claims pursuant to the ..., plaintiff has failed to state a claim. Second, the voluntary payment doctrine bars the claim. Third, the applicable statute of limitations partially bars plaintiff's claim. Defendant...

...voluntary payment doctrine because that doctrine is “patently incompatible” with § 514.270, which provides an unequivocal right to seek a refund of unlawfully taxed costs. We agree. The ...Carpenter v. Countrywide Home Loans, Inc., the Missouri Supreme Court held that the voluntary payment doctrine was not available to preclude customers of a mortgage broker from recovering document preparation fees th.... Appellants appeal and assert that the trial court erred in that: (1) the voluntary payment doctrine contravenes the statutory remedy for recovery of unauthorized costs under § 514.270; (2) the ...

...voluntary payment doctrine because that doctrine is “patently incompatible” with § 514.270, which provides an unequivocal right to seek a refund of unlawfully taxed costs. We agree. The ...Carpenter v. Countrywide Home Loans, Inc., the Missouri Supreme Court held that the voluntary payment doctrine was not available to preclude customers of a mortgage broker from recovering document preparation fees th.... Appellants appeal and assert that the trial court erred in that: (1) the voluntary payment doctrine contravenes the statutory remedy for recovery of unauthorized costs under § 514.270; (2) the ...

...Civil Procedure. Specifically, defendants contend that the voluntary payment doctrine bars all of plaintiffs' claims, and that, in any event, their actions adhered to the language of the loan...immediate obligation to pay the entire debt. See loan agreement, section 11.1(o). Defendants contend that the threat of foreclosure does not defeat the voluntary payment doctrine, in the absence of...default, under economic duress and coercion. Consequently, the voluntary payment doctrine does not bar the claims set forth in the complaint. III. Breach of...

...company made any inaccurate or improper disclosures or that Riensche relied on any statements or representations made by Cingular Wireless. Because Cingular Wireless contends that the voluntary payment doctrine defeats most...range of situations, termed "business compulsion" or "economic duress," that will counteract the voluntary payment doctrine, the fees challenged in prior consumer class ...)). Indiana stands alone in completely refusing to apply the voluntary payment doctrine to these types of consumer complaints. Time War...

...would allow an equitable doctrine to nullify legislative intent. The plaintiffs also assert that the voluntary payment doctrine is not a valid defense to...claims in reliance on the voluntary payment doctrine because the trial court misapplied the law when it failed to construe the allegations in the petition in the light most favorable to plaintiffs...are not available to defeat claims under the act, the issue here is whether the voluntary payment doctrine is a defense that is available in the context of the MPA. The voluntary payment ...

...action will lie to recover the voluntary payment."). "`The doctrine has been applied in several diverse contexts to preclude actions to recover payments that parties paid voluntarily, with full knowledge...does not include a protest requirement and they argue that this shows the legislature intended that the voluntary payment doctrine not apply to actions such as this to recover from the seller. We do not agree. Sect...include "false, misleading or deceptive" statements or representations in telephone bills, See § 100.207(2). MBS contends that applying the voluntary payment doctrine in this context would enable...

...Mittelstadt's claims as barred by the voluntary payment doctrine because that doctrine is "patently incompatible" with §514.270, which provides an unequivocal right to seek a refund of unlawfully taxed costs. We ag.... Similarly, in Carpenter v. Countrywide Home Loans, Inc., the Missouri Supreme Court held that the voluntary payment doctrine was not available to preclude customers of a mortgage broker...court held a hearing and ultimately entered judgment in favor of Respondents. It dismissed all of Mittelstadt's claims, reasoning that they were barred by the voluntary payment doctrine because she...

...). III. Discussion Defendants seek dismissal of all Counts of Plaintiffs' Amended Complaint. A. Voluntary Payment Rule Defendants firs..., 2010 WL 2773377, at *2 (E.D. Pa. July 13, 2010). “Under the voluntary payment doctrine, [w]here . . . one voluntarily and without fraud or duress...knowledge of the facts, or because of the other party's fraud, or under some type of duress, then the voluntary payment doctrine does not apply.” Id. (quoting Abrevaya v. VW Credit Leasing, Ltd...

...argument, identical to that made by the respondents in No. 71, based on the voluntary payment doctrine, was made and rejected by this Court in Williar v. Loan Ass'n, supra, 45 Md. at 560, where...decisions in Baugher vs. Nelson and Scott v. Leary, in which it was held that . . . the doctrine of voluntary payment has no application to such cases...principle, often referred to as the "voluntary payment doctrine," has most often been applied where there is a mistaken payment of taxes or other government fees...

...required him to pay only half of the liability. Thus, Wife argues, Husband voluntarily paid her portion. We disagree. The voluntary-payment doctrine is a recognized affirmative defense in ...relating to the pre-2007 taxes was too indefinite to be enforceable. In Point Two, Wife asserts that the voluntary payment doctrine precludes Husband from seeking any repayment of the tax liability..., the voluntary-payment doctrine precluded her from recovering the fine in a later suit. See id. Here, Wife claims that Husband...

...only half of the liability. Thus, Wife argues, Husband voluntarily paid her portion. We disagree. The voluntary-payment doctrine is a recognized affirmative defense in actions involving...enforceable. In Point Two, Wife asserts that the voluntary payment doctrine precludes Husband from seeking any repayment of the tax liability from her. On cross-appeal, Husband posits that the motion...fine, the voluntary-payment doctrine precluded her from recovering the fine in a later suit. See id...