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SNAP VIOLATION DEFENSE · MIAMI
RETAIL STORES · EBT / SNAP

Miami SNAP Violation Attorneys.

FNS retailer cases are federal - the same charge letters, deadlines, and appeal rights apply in every state. Here is how the process works, and where counsel changes the outcome.

Todd A. Spodek
Todd A. Spodek
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As a retailer, you know that accepting Electronic Benefits Tranfer (EBT) payments in your store comes with a long list of regulations specifying what products you can seller in exchange for EBT payments. When you violate one of those regulations, the United States Department of Agriculture (USDA) will send you a SNAP Violation Letter. Attached to the Supplemental Nutrition Assistance Program (SNAP) notice, the USDA includes additional pages outlining each violation.

When you receive a SNAP Violation Letter, you have 10 days to respond. If you fail to respond, the USDA can suspend your ability to accept EBT payments. Before you respond, contact our office to protect your rights.

SNAP Program Basics

In the 1990s, SNAP replaced food stamps as a way to supplement the underprivileged's income. While food stamps were distributed as a book of coupons that could be redeemed for food, EBT benefits are deposited to a prepaid debit card. Where a retailer must be careful is in allowing SNAP benefits recipients to purchase non-food items or food items are not on SNAPs prohibited list.

SNAP is a federally funded program that is overseen by the USDA. Before you can accept EBT payments, you must apply to the USDA and be approved. The charges against the EBT cards are processed similarly to credit card transactions, only the payor is the federal government.

SNAP Violations in a Nutshell

When you are approved to accept EBT payments, you are provided with a detailed list of what items can be purchased with an EBT card. Items like alcoholic beverages, tobacco, and paper goods are restricted. If you report receipt of EBT benefits for prohibited items, this is a violation.

Other common violations include:

  • The exchange of cash for SNAP benefits
  • Accepting benefits from someone other than the benefit holder
  • Continuing to rack up EBT transactions after you've have been suspended on disqualified
  • Lying on your SNAP application
  • Maintaining receipts showing you received more in SNAP benefits than you sold in qualified food items

SNAP Violations Process

The most important thing you can do when you receive a SNAP Violation Letter is not to ignore it. With only 10 days to respond, it is important to understand your rights and to proactively clear your name so you can continue servicing your low-income customers.

When the USDA receives your response, they will make a decision to either drop the violations, suspend your ability to accept payments, or drop you from the program, but that is not necessarily the final decision. You have to right to appeal the federal government's decision, and if that fails, you still have the right to take it to federal court.

Of course, no one wants to see the case go as far as federal court. Not only can a court case drag out, during the interim, you are losing money as your low-income customers take their business elsewhere. Your customers leave not because they want to but because they have no choice if they want to take advantage of their SNAP benefits.

Defense Against SNAP Violations

Our team of experience legal professional are experienced with handling SNAP violations. We understand how important SNAP privileges are to your business, and we will make sure your response to the USDA is timely, complete, and contains the legal language that will protect your rights.

We are qualified to help you no matter in which of the 50 states you do business, and if your case goes all the way to federal court, our attorneys will help you put together all the necessary evidence, discovery, motions, and legal precedent that it takes to defend against the SNAP violations.

Whether you failed to understand the rules behind EBT payments or you are a victim of careless employees or USDA error, do not try to fight SNAP violation accusations alone. Hire our law firm to against federal government oversight.

Facing a SNAP charge letter or disqualification? Start with our full guide: USDA SNAP Violation Lawyers for Retail Stores, or call 212-300-5196 for an attorney, 24/7.

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Spodek Law Group has defended people and businesses against the federal government since 1976. SNAP retailer matters are handled the way the firm handles every federal case: the evidence gets read before anything is filed, deadlines get calendared on day one, and clients deal with counsel - not a call center.

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