Miami Deceptive & Unfair Trade Practices Attorney
The Florida Deceptive and Unfair Trade Practice Act (FDUTPA) is legislation that protects both consumers and businesses from unfair methods of competition, unethical practices, or deceptive acts during any trade or commerce. The Act largely mirrors theFederal Trade Commission Act, however, it does differ slightly.
While both Acts prohibit unfair or illegal trade practices, the FDUTPA offers individuals the right to take private legal action. The Federal Trade Commission Act, on the other hand, only allows actions brought by the Federal Trade Commission. If you have been the victim of an unfair or deceptive act, it is important to speak to a Miami deceptive & unfair trade practices attorney as soon as possible.
Types of Violations Under FDUTPA
The FDUTPA recognizes two different types of violations that can occur during trade or commerce. These are standard violations and per se violations.
When filing a claim based on a standard violation, you must prove three elements of your claim. You must first establish that a business engaged in an unfair or deceptive act, and that you suffered actual damages as a result. You must also establish the link between the unfair or deceptive act and the losses you sustained.
A per se violation is slightly different. When filing a claim based on a per se violation, you must only show that a business violated the terms of the Act. While per se violations are typically easier to prove, it is still important to work with a Miami business lawyer that will ensure you recover the maximum damages you deserve.
Common Types of Violations
Any time a business engages in unfair or deceptive practices, it may give rise to a claim. However, there are some types of violations that are more common than others. These are as follows:
- False or misleading advertising, including ‘bait and switch’ schemes
- Including ads or sponsored content within actual news items in an effort to market a product online
- Providing goods a consumer did not order and billing customers for that order
- Falsely stating that a product, such as a car, requires replacement or repair
- Mislabeling used products as brand new
- Price gouging after a natural disaster, such as a flood or earthquake
- Including improper or undisclosed fees into a contract
It is not uncommon for unlawful debt collection practices to also give rise to a claim under the FDUTPA, although Florida also has other laws that protect borrowers.
Our Experienced Florida Business Lawyers can Advise on Your Claim
If you have been treated unfairly during the course of trade or commerce, you may have a valid claim under the FDUTPA. However, these claims are notoriously complex. At Pike & Lustig, LLP, our knowledgeable Miami business lawyers can explain the law and how it applies to your case, and help you recover the full amount of damages you have suffered. Call us today at 561-291-8298 or fill out our online form to schedule a meeting with one of our attorneys and to receive the valuable legal advice you need.
