Is Your Company Facing a False Advertising Complaint? Four Steps to Protect Your Rights
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that allows consumers (and businesses) to hold companies liable for damages caused by deceptive and otherwise unfair practices, including false advertising. If your company is facing a complaint for false advertising, a proactive approach is a must. Here, our Miami FDUTPA defense attorney highlights four vital steps that businesses should take if they are facing a false advertising complaint in Florida.
- Review and Understand the Complaint, Verify the Details
When a business in South Florida is faced with a false advertising complaint, it is imperative that its key decision-makers take time to thoroughly review the claim and understand the allegations. You cannot effectively defend a false advertising lawsuit under the FDUTPA without knowing exactly what claims are being made against your company. These are highly fact-specific cases. Are the claims about misleading prices? Exaggerated product capabilities? Another matter? It is important to know what is being alleged so that you can formulate your response.
- Gather and Organize All Supporting Documents/Records
A proactive investigation is key to raising a strong defense. Once you understand the complaint, it is important to compile all relevant documentation. Among other things, this evidence typically includes all relevant advertising materials (like brochures, online ads, etc), internal communications about the advertising campaign, any research or data used to support your claims, and other details.
- Seek Professional Support form an FDUTPA Defense Attorney
False advertising allegations can be complex. For this reason, it is imperative that South Florida businesses have qualified legal representation. Consult with an attorney who has experience defending FDUTPA claims. A lawyer who understands the FDUTPA and false advertising law more generally will be best positioned to protect the rights and the interests of your company. More specifically, your FDUTPA defense lawyer can help interpret the complaint in the context of current laws, assess the liability risk, and develop a robust legal strategy.
- Determine the Best Approach of Resolution (Mediation, Arbitration Litigation, etc)
There is no one-size-fits-all strategy to defend a false advertising complaint in Florida. An aggressive defense strategy may or may not be the right option. Your business should review and evaluate the available options, including informal negotiation, mediation, arbitration, and litigation.
Of course, each approach has its advantages and drawbacks. The decision should be based on the complaint’s specifics, potential impact on your business, and guidance from your lawyer. Remember, the goal is not just to resolve the current issue— but also to protect your company’s reputation.
Contact Our South Florida FDUTPA Defense Lawyer for Immediate Legal Help
At Pike & Lustig, LLP, we have the legal experience needed to defend companies facing FDUTPA complaints. If you have any questions about defending a false advertising case, we are here to help. Contact our law firm today to get help from a top-tier attorney. We provide FDUTPA defense in Miami-Dade County, Broward County, Palm Beach County, and throughout Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/0501PARTIIContentsIndex.html
