Category Archives: Deceptive Unfair Trade Practices
Florida Court: Fees/Costs Under FDUTPA Discretionary
On January 18th, 2023, the Florida Third District Court of Appeal issued a decision in the FDUTPA case of Virginia Hadad Gonzalez vs. Millin A. Nobregas. The appeals court determined that the awarding of attorneys’ fees and other legal costs under the deceptive and unfair practices is a discretionary matter for the court. Here,… Read More »
Four Things You Might Not Know About The Florida Deceptive And Unfair Trade Practices Act (FDUTPA)
Businesses in Florida are prohibited from using deception or other types of unjust commercial practices to sell their products or services. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a law that provides protections to parties engaged in a full range of commercial transactions. Within this blog post, our Miami deceptive &… Read More »
Consumers May Be Owed Funds Over Wesson’s Multi-Million Dollar False Advertising
According to a report from CNET, a federal judge has given preliminary approval to a false advertising settlement related to Wesson oil, a popular plant-based cooking oil. The company is set to pay out a total of $3 million to affected consumers. Within this article, our Miami deceptive and unfair trade practices lawyers provide… Read More »
Ritz-Carlton Fights FDUTPA Over Alleged Deceptive Tipping
According to a report from Law360, Ritz-Carlton is still locked in an FDUTPA dispute over alleged deception in regards to its tipping practices. The lawsuit—which was originally filed against the hospitality company in 2020—contends that restaurant locations at Ritz-Carlton hotels in Florida did not give consumers proper notice before adding automatic gratuities to their… Read More »
Florida Sues MV Realty For FDUTPA Violations
MV Realty is a real estate firm located in Florida. It operates in a number of different U.S. states. The company is now facing a lawsuit from the Office of the Attorney General of Florida. In a civil complaint filed in a Hillsborough County Court, state regulators allege that MV Realty has violated consumer… Read More »
Florida State Regulators Have Recovered Nearly $500 Million From Scammers Since 2019
The third week of November is International Fraud Awareness Week. Regulators and consumer protection groups are warning consumers about the pervasive (and growing) threat posed by scammers. According to a report from Florida Daily, Florida Attorney General Ashley Moody reports that state regulators have recovered more than $469 million from scammers since 2019. Florida… Read More »
A Federal Court Allows FDUTPA Against Toyota To Move Forward (Alleged Defective HVAC System)
On October 25th, 2022, a judge from the United States District Court for the Central District of California ruled in favor of a consumer in an FDUTPA claim—denying a motion to dismiss filed by Toyota. The case of Jose Javier Perez, vs. Toyota Motor Sales, U.S.A., Inc., et al centers around allegations that Toyota… Read More »
Florida Attorney General Shuts Down Nearly Two Dozen “Moving Company” Scams
On November 2nd, 2022, the Florida Office of Attorney General announced that its office has been recognized with an award for shutting down nearly two dozen moving company scams that were operating in the state. The award was granted by the United States Department of Transportation (DOT), which has federal regulatory authority in these… Read More »
FTC: Opendoor Must Pay $62 Million For Deceptive Advertising
On October 21st, 2022, the Federal Trade Commission (FTC) announced that it has finalized a consent order against Opendoor Labs, Inc. Opendoor is an online-company that buys and sells residential real estate. The company will pay approximately $62 million to resolve false advertising allegations. A significant portion of the funds obtained by the FTC… Read More »
Understanding The FDUTPA’s Bar On The Recovery Of Consequential Damages
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that strictly forbids businesses from engaging in misleading or abusive commercial conduct. The FDUTPA gives consumers (and other businesses) the right to file a lawsuit for damages related to deceptive or otherwise unfair commercial practices. The FDUTPA allows plaintiffs to recover… Read More »
FDUTPA Claims: Examples Of What Does And Does Not Constitute False Advertising
We all know how advertising works. A business is trying to sell its products or services. An advertisement is not unbiased or independent. At the same time, it is reasonable to expect companies to make fair and accurate representations in their advertising. Businesses are not supposed to materially mislead consumers. The Florida Deceptive and… Read More »
How To Defend An FDUTPA Lawsuit In South Florida
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) allows individuals and businesses to recover compensation if they sustained losses due to deception or other unfair commercial activity. Through an FDUTPA claim, a company can be held liable for the plaintiff’s “actual damages.” Of course, not all FDUTPA claims are well-substantiated. Businesses have a… Read More »
Kind Bar Prevails In Consumer Deception Lawsuit
According to reporting from Bloomberg Law, Kind LLC—the snack food company headquartered in New York City—has prevailed in a consumer deception claim. A federal judge dismissed the complaint on the grounds that the plaintiff failed to provide evidence to show how a “reasonable consumer” would be deceived by the company’s marketing. Here, our Miami… Read More »
An Overview Of The Exceptions To The FDUTPA
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that imposes liability on businesses and organizations engaged in “unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices.” The FDUTPA grants broad legal protection to consumers and competing businesses. It allows private parties to sue… Read More »
Federal Court In Florida Trims Data Breach Lawsuit, Dismisses FDUTPA Claim
According to a report from The National Law Review, the United States District Court for the Southern District of Florida has limited multi-state litigation over a data breach. In doing so, the court dismissed the Florida Deceptive and Unfair Trade Practices (FDUTPA) claim. In this blog post, our Miami deceptive & unfair trade practices… Read More »
Head Of Florida-Based Telemarketing Scheme Pleads Guilty In $19 Million Fraud Case
On August 16th, 2022, the United States Attorneys’ Office for the Southern District of New York announced that Steven Short—the former head of a Florida-based telemarketing operation called E.M. Systems & Services, LLC—has pleaded guilty as part of a $19 million credit card fraud scheme. The fraud was linked to a scheme to promote… Read More »
Four Things Consumers In Florida Should Know About The State’s ‘Little FTC Act”
The Federal Trade Commission Act (FTC Act) is a more than one-century old federal law that bars unfair commercial practices by businesses and organizations. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is sometimes referred to simply as the state’s “Little FTC Act.” The FDUTPA was largely modeled after the federal FTC Act…. Read More »
Florida Man Charged In Multi-State Fraud Case
On July 27th, 2022, the U.S. Attorneys’ Office for the Middle District of Alabama announced that Timothy Scott Marable, a 50-year-old man from Highlands County, FL, has been arrested and criminally charged as part of a multi-state fraud investigation. Mr. Marable stands accused of defrauding several businesses. In this article, our Miami deceptive and… Read More »
Florida Regulators Potentially Secures More Than $1 Million For Consumers (FDUTPA Violation)
On July 5th, 2022, the Office of Attorney General Ashley Moody announced enforcement action against Bruno LLC. The HVAC contractor operated as Bruno Total Home Performance and Bruno Air Conditioning in Florida. Owned by Louis Bruno, the company has its main offices in Naples and Bonita Springs. According to the allegations, the company used… Read More »
Florida Attorney General Warns Consumers About Vacation Rental Scams
On July 7th, 2022, Office of Attorney General Ashley Moody issued an official consumer alert warning Florida residents to beware of vacation rental scams this summer. As vacation season hits full swing, scammers are putting even more effort into defrauding honest, hard-working people. Here, our West Palm Beach deceptive & unfair trade practices lawyer… Read More »
