Florida ERC Collection Lawsuits Target Business Owners Nationwide

Tampa-based law firm Chemere Ellis, PLLC is alerting business owners across the country to a growing wave of collection lawsuits filed in Florida courts by companies that marketed themselves as Employee Retention Credit (ERC) preparation and recovery specialists. According to the firm, many of these ERC firms solicited small to mid-sized businesses—including restaurants, retailers, service companies, and family-owned operations—nationwide, offering to prepare filings and identify credits for which the businesses may have qualified. The agreements often included forum-selection clauses designating Florida as the exclusive venue for disputes, and many were executed without review by counsel. Now, months or years later, these companies are suing their former clients for substantial fees, forcing business owners to defend themselves in a Florida courtroom far from home. Affected businesses are increasingly retaining a Tampa employee retention credit litigation lawyer to respond.

Chemere Ellis, founder of the firm, emphasized that these actions target business owners who devoted 2020 through 2022 to maintaining operations and payroll. “Many are now facing demands for tens of thousands of dollars, and the prospect of defending themselves in a Florida courtroom far from home, under agreements they may not have authorized or fully understood,” said Chemere Ellis. “Before a business concludes that the amount is owed, the agreement warrants careful legal review.” The firm is actively testing two key issues in litigation: whether the person who signed the agreement had authority to bind the company, and whether the fee demands actually match the contract’s terms. Under Florida law, a business generally is not bound by a contract signed by someone lacking actual or apparent authority, and the firm is also challenging whether complaints adequately allege how demanded amounts were calculated and satisfy Florida’s fact-pleading requirements.

Chemere Ellis, PLLC represents individuals and companies in commercial and business matters, contract disputes, business litigation, and financial services litigation and regulatory enforcement. With more than fifteen years of civil and criminal experience, founder Chemere Ellis previously served as a commercial litigator at a premier Florida law firm and as a prosecutor for Florida’s Sixth Judicial Circuit. To schedule a consultation, visit chemereellis.com or call (813) 694-9904.