Category Archives: Deceptive Unfair Trade Practices
Central Florida Rental Company Facing Potential FDUTPA Liability
According to reporting from Spectrum News 13, a rental company in Central Florida is facing potential liability under the FDUTPA for materially misrepresenting the condition of a three bedroom rental home in Orlando. Florida Beach Coast, an Orange County-based company, is alleged to have engaged in a pattern of deceptive behavior. In this blog… Read More »
Certified Collectibles Group Adds New Allegations To Their FDUTPA Lawsuit Against Globant S.A.
According to a press release published on PR Newswire, Certified Collectibles Group (CCG) has added new allegations to its Florida Deceptive and Unfair Trade Practices Act (FDUTPA) lawsuit against Globant S.A. The underlying dispute in the case centers around an alleged failed software upgrade. Here, our West Palm Beach deceptive & unfair trade practices… Read More »
FDUTPA Claims: Florida Appeals Court Overrules Class Action Certification In Sales Tax Lawsuit Against BJ’s Wholesale Club
On April 14th, 2021, the Third District Court of Appeals for the State of Florida overturned a lower court’s decision to certify a class action FDUTPA lawsuit in a dispute over a retailer’s alleged overcharging of sales tax. In the case of BJ’s Wholesale Club, Inc., etc, v. Laura Bugliaro, the appeals court determined… Read More »
FDUTPA: What Is “Exempt Conduct”?
The Florida Deceptive and Unfair Trade Practices Act or ‘FDUTPA’ is a powerful statute that protects consumers and businesses against fraud and other illegitimate commercial practices. To bring a successful FDUTPA claim, a plaintiff must prove that the defendant engaged in a deceptive and/or unfair trade practice under the act. Florida law clearly states… Read More »
Florida Appeals Court Dismisses FDUTPA Claim, Upholds Forum Selection Clause
Recently, the Third District Court of Appeal for the State of Florida dismissed a Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim on the grounds that the dispute was bound by a valid forum selection clause. In the case of Kenneth Hendel vs. Internet Escrow Services, Inc., the plaintiff was pursuing compensation for… Read More »
As Third Stimulus Payment Arrive, Florida Authorities Warn Consumers of Fraud and Scams
Earlier this month, the Internal Revenue Service (IRS) announced that it started processing the third round of Economic Impact Payments (stimulus payments). Many people in Florida are eligible for a $1,400 payment from the federal government. On March 15th, 2021, Florida’s Chief Financial Officer (CFO) released a warning encouraging people and families to watch… Read More »
How Much Damages are Available in a Deceptive and Unfair Trade Practices Claim in Florida?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a strong consumer protection law. Through a successful FDUTPA claim, a business or consumer can seek financial relief for “actual damages” sustained as a result of a deceptive or unjust trade practice. This raises an important question: How are damages calculated in an FDUPTA… Read More »
Can You File a Lawsuit Against a Competing Business Under the FDUTPA?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is one of our state’s most important consumer protection laws. Yet, the law does not only apply to consumers. Businesses also have the right to take legal action under the FDUTPA. In fact, a company may file an FDUTPA claim against one of its competitors…. Read More »
Florida Plaintiff Wants Appeals Court to Revive Class Action FDUTPA Claim Against Bacardi
According to a report from Law360, a Florida man is asking the Eleventh Circuit Court of Appeals to revive a class action fraud claim against Bermuda-headquartered spirit maker Bacardi. Among other things, the plaintiff—a consumer named Uri Marrache—alleged violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Here, our Miami deceptive &… Read More »
FDUTPA: The Term “Unfair or Deceptive Act” is Construed Liberally
Companies that engage in fraudulent or unjust commercial activities can be held accountable for the damage they cause to consumers and other businesses. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a powerful consumer protection statute. The FDUTPA allows consumers to file a lawsuit to get compensation for losses related to an… Read More »
FDUTPA and Attorneys’ Fees: What You Need to Know
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) provides protections to consumers and businesses against fraud and other unjust commercial practices. By filing an FDUTPA lawsuit, a plaintiff can seek financial compensation for damages sustained. Notably, the statute also allows for the awarding of attorneys’ fees and legal costs. Here, our West Palm… Read More »
FDUTPA: An Overview of Deceptive Acts and Unfair Practices
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is the state’s most comprehensive consumer protection law. Through an FDUTPA claim, businesses and other parties can be held legally liable for losses caused by their deceptive and/or unfair conduct. This raises an important question: What constitutes a violation of the FDUTPA? The answer is… Read More »
