Category Archives: Deceptive Unfair Trade Practices
Federal Judge in Florida Dismissing Part of Deceptive Trade Practices Claim Against Burger King, Allows Other Part of Case to Move Forward
According to a report from Restaurant Dive, a federal judge in South Florida has dismissed part of a deceptive trade practices claim against Burger King while simultaneously allowing the other part of the case to proceed. The complaint in question alleges that Burger King deceptively inflated the size of its “Whoppers” in its advertising… Read More »
Tesla Faces False Advertising Lawsuit for Alleged Misrepresentation of the Range of Electric Vehicles
According to a report from Engadget, Tesla is currently facing a false advertising lawsuit over allegations that it materially misrepresented the range of its fleet of electric vehicles. As currently filed, the false advertising lawsuit seeks to cover all consumers in California who bought Tesla Model 3, Model S, Model X or Model Y…. Read More »
Taco Bell Faces False Advertising Lawsuit for Alleged “Skimpy” Fillings
According to reporting from The Washington Post, Taco Bell—the national fast-food chain owned by Yum! Brands Inc.—is facing a false advertising lawsuit for allegedly being “skimpy” when filing its popular Crunchwrap offering. In this article, our Florida deceptive and unfair trade practices lawyer discusses the allegations raised in this case and provides an overview… Read More »
A Plaintiff Must Plead Actual Damages for an FDUTPA Claim to Move Forward
Florida’s Deceptive and Unfair Trade Practices Act (The FDUTPA) is a state law that prohibits unfair business activities. The FDUTPA allows consumers to hold a business or organization legally liable for damages caused by commercial deception or abusive practices. To bring a winning FDUTPA, a plaintiff must prove “actual damages”—as that is the core… Read More »
Florida Resident Files Nine Figure False Advertising Lawsuit Filed Against Frontier Airlines (Alleged Hidden Fees)
According to a report from TravelPulse, a resident of Florida has filed a $100 million false advertising lawsuit against Frontier Airlines. The complaint—which was filed in the United States District Court for the Southern District of Florida—alleges that the Denver-based low-cost airline improperly used hidden fees to deceive consumers. Here, our West Palm Beach… Read More »
FTC Releases Updated Advertising Guidelines for Review and Endorsements
On June 29th, 2023, the Federal Trade Commission (FTC) released the latest information about updated federal advertising guidelines regarding reviews and endorsements. The finalized rules make a number of important changes. Here, our West Palm Beach FDUTPA attorney highlights the key things to understand about the FTC’s revised advertising guidelines regarding reviews and endorsements…. Read More »
FTC Takes Enforcement Action Against Amazon Over Prime
On June 21st, 2023, the Federal Trade Commission (FTC) announced proposed enforcement action against Amazon related to alleged deceptive and unfair commercial conduct related to its Prime subscription service. Here, our West Palm Beach FDUTPA lawyers discuss the charges and the proposed FTC enforcement action against Amazon. FTC: Amazon Engaged in Deceptive and Unfair… Read More »
Five Examples of Violations of the FDUTPA
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that prohibits businesses and other commercial entities from engaging in deception and other types of unfair trade practices. A consumer or business that suffers losses due to an FDUTPA violation can file a lawsuit to seek compensation. This raises an important… Read More »
Federal Judge Allows False Advertising Lawsuit Against Fireball to Proceed Over Malt Liquor Beverage
According to a report from Courthouse News Service, a federal judge will allow a false advertising lawsuit against a malt liquor beverage advertised as “fireball” to proceed. Consumers allege that marketing falsely implies that the product is “whisky-based.” In this article, our Miami deceptive and unfair trade practices lawyers provide a more detailed overview… Read More »
Is Your Company Facing an FDUTPA Lawsuit? Four Steps to Take
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that was put into effect to protect consumers, businesses, and organizations against unjust and materially misleading commercial practices. As the law has a private right of action, any party can file an FDUPTA lawsuit against a business that operates in Florida…. Read More »
Who Is Responsible For Legal Fees In An FDUTPA Lawsuit?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a core business and consumer protection law in our state. It allows private parties to bring a civil suit directly against a business or organization that caused them losses through deception or other improper commercial practices. Who is liable for legal costs when a… Read More »
FDUTPA Claims: How Are “Consequential Damages” Defined Under Florida Law?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that allows parties to seek compensation for damages caused by the improper commercial practices of a business, such as false advertising, material misrepresentations, or a bait-and-switch tactic. The FDUTPA allows consumers and businesses to recover compensation for actual losses. Consequential damages… Read More »
Class Action False Advertising Lawsuit Against Protein Powder Brand Will Move Forward
According to a report from Courthouse News Service, a federal court will allow a class action false advertising claim against a protein powder manufacturer to proceed. The lawsuit alleges that Reliance Vitamin—a New Jersey company that makes a protein powder ‘PlantFusion’—deliberately misled consumers about the quantity that they were receiving. Here, our Miami deceptive… Read More »
FTC Proposes “Click-to-Cancel” Regulation For Recurring Subscriptions
On March 23rd, 2023, the Federal Trade Commission (FTC) unveiled a new proposed consumer protection regulation that is designed to make it easier for people to cancel recurring subscription services. Here, our Miami deceptive and unfair trade practices lawyer highlights the key things to know about the FTC’s proposed click-to-cancel regulations and explains your… Read More »
Buyers Sue Luxury Condo In Miami Beach, FL For False Advertising
According to a report from TheRealDeal, a couple who purchased a condo within Monaco Yacht Club—a condominium property located in Miami Beach, Florida—has filed a lawsuit against the developer alleging losses caused by false advertising. Here, our Miami FDUTPA lawyer discusses the allegations raised in this case and explains your legal options under Florida… Read More »
Financial Services Company Fined $15 Million For False Advertising, Improper Commercial Practices Targeted At Military Families
Recently, the Consumer Financial Protection Bureau (CFPB) ordered TitleMax—a private title lending company that is licensed to operate in many states—to furnish $5 million in direct consumer relief and pay a $10 million civil penalty for false advertising and other improper commercial practices. Here, our West Palm Beach FDUTPA lawyer explains the enforcement action… Read More »
FTC Report: Consumer Fraud Losses Rising Nationwide
Consumer fraud has long been a major problem in the United States. Alarming, there are major warning signs that consumer fraud is getting worse. On February 23rd, 2023, the Federal Trade Commission (FTC) released new, comprehensive data showing that U.S. consumers lost a confirmed $8.8 billion to scams in 2022—a 30 percent increase over… Read More »
FDUTPA Violation: Florida Attorney General Takes Action Against Hot Tub Sellers That Deceived Consumers With False Promises
Recently, the Office of Attorney General Ashley Moody announced that enforcement action was being taken against two Florida hot tub and spa companies—Affordable Spa Covers and Coverlex—for deceptive and unfair business practices. The companies stand accused of knowingly and intentionally accepting payments for products that they could not deliver on time, or, in some… Read More »
FTC: Marketer Charged With False Advertising For Manipulating Ratings (First Eve Review Hijacking Case)
On February 16th, 2023, the Federal Trade Commission (FTC) charged Bountiful Company—a firm engaged in the business of marketing and selling vitamins and supplements—in a false advertising case. It is the agency’s first ever “review hijacking” case. As part of the enforcement action, Bountiful Company will pay $600,000. Below, our West Palm Beach deceptive… Read More »
FTC Announced Recovery of Nearly $1 Million For Consumers Subject To Deceptive
On January 25th, 2023, the Federal Trade Commission (FTC) announced that it has recovered and will return more than $970,000 to consumers affected by deceptive billing practices. The FTC determined that NutraClick LLC—A Boston, MA company—unfairly charged people for unwanted monthly subscription fees for health supplements and cosmetics products. Within this blog post, our… Read More »
