West Palm Beach Deceptive & Unfair Trade Practices Attorney
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is one of many consumer protection laws in the Sunshine State. FDUTPA is intended to “protect the consuming public and legitimate business enterprises from those who engage in unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce.” While the law might sound fairly straightforward, in practice it is extremely complex, with courts having made different decisions pertaining to various aspects of the Act. A West Palm Beach FDUTPA attorney can help if you have been the victim of deceptive or unfair trade practices in Florida.
Defining an Unfair or Deceptive Act
Although the statute does not provide a clear definition, Florida’s courts have defined an unfair or deceptive act as an omission, representation, or practice that is likely to mislead or deceive a consumer acting reasonably under the circumstances. The courts have also held that an unfair or deceptive act may involve a practice that violates public policy in that it is unethical, immoral, unscrupulous, or oppressive and significantly harms consumers.
Some common examples of practices that can give rise to a potential claim under the FDUPTA can include:
- False or misleading advertising, including “bait-and-switch” schemes
- Providing goods a consumer did not order and billing the customer 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
Even with the definitions and examples above, however, each court may view alleged violations differently. This is why it is important to work with an experienced FDUTPA lawyer who can help prove the particular conduct in question constitutes a deceptive or unfair act.
Proving a FDUTPA Claim
FDUPTA recognizes two different types of violations: “traditional” violations, and “per se” violations. To prove a traditional violation, you must prove the following three elements:
- An unfair or deceptive act: You must prove that an individual or business engaged in a deceptive or unfair act against you;
- Causation: You must prove the link between the deceptive or unfair act and the losses you suffered as a result, and;
- Damages: You must prove the amount of the damages you sustained as a result of the deceptive or unfair act. FDUTPA claims are intended to compensate victims of unfair or deceptive acts for the actual damages they sustained. Without damages, or losses, there is no claim.
Per se violations of FDUTPA are typically easier to prove because they involve conduct that is explicitly prohibited by applicable law. Thus, when filing a claim based on a per se violation, one need only prove that the business or individual engaged in the unfair or deceptive conduct that the relevant law, statute, regulation, or rule explicitly forbids.
Damages Under FDUTPA
Like other types of civil claims, FDUTPA allows victims of unfair or deceptive practices to claim damages for their losses. This compensation is intended to make the victim whole again. But unlike other civil claims, FDUTPA does not allow for incidental, consequential, or punitive damages.
FDUTPA and the Statute of Limitations
Like all civil claims in Florida, those involving FDUTPA violations are governed by a statute of limitations, or time limit. Under Florida law, individuals have only four years from the date of the violation to file a claim against the business or individual engaging in unfair practices. If you do not file your claim within this period of time, you will likely forfeit your right to claim compensation.
Our Florida FDUTPA Lawyers Can Help with Your Case
If you or your business has been the victim of an unfair or deceptive act, or your business must defend against such a claim, our West Palm Beach FDUTPA lawyers are here to help. At Pike and Lustig, LLP, we know the law and what one must prove when pursuing a claim under FDUTPA. We will use this knowledge to build you the strongest case possible to give you the best chance of a successful outcome. Call us today at 561-291-8298 or fill out our online form to schedule a meeting with one of our skilled attorneys.
