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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 if they sustained damages.

Although the FDUTPA applies a wide range of “deceptive” and “unfair” commercial practices, there are matters that are excluded from coverage under the statute. These issues are called “exempt conduct.” They cannot give rise to an FDUTPA claim and must be handled in another way. Here, our West Palm Beach deceptive and unfair trade practices lawyer highlights the exceptions to the FDUTPA.

Know the Exceptions to the Florida Deceptive and Unfair Trade Practices Act (FDUTPA)

The FDUTPA is the most powerful and comprehensive consumer protection statute in Florida. An FDUTPA claim may be filed by an individual consumer, business, or organization based on false advertising, bait-and-switch tactics, misleading sales pitches, and a wide range of other types of misconduct. However, Florida’s deceptive and unfair trades practices statute explicitly does not apply in certain circumstances. Under Florida Statutes § 501.212, the following legal issues are listed as not covered by the FDUTPA:

  1. An act that is either required or explicitly permitted by federal law or state law;
  2. A publisher, broadcaster, or similar party disseminating information;
  3. A personal injury claim or personal injury lawsuit;
  4. A wrongful death claim or wrongful death lawsuit;
  5. A property damage insurance claim—but for property subject to specific commercial transaction.
  6. Activities regulated by the Florida Office of Insurance Regulation;
  7. Activities regulated by the Florida Office of Financial Regulation; and
  8. Acts involving the sale or leasing of real property.

It is important to emphasize that commercial activities that are excluded from coverage under the FDUTPA are still generally covered by other federal and state regulations. For example, with limited exceptions, a residential property owner typically does not have an FDUTPA for an unfair denial of insurance benefits. Of course, that does not mean that they have no legal rights at all. Quite the contrary, they may have a bad faith insurance claim against their insurer. The claim falls under a different section of Florida law. Similarly, a company purchasing commercial property may not have a FDUTPA claim for an unfair practice by the seller, but they may have a claim under other sections of federal or state law. An experienced attorney can review your specific situation and help you figure out the best path to get justice and full financial compensation.

Contact Our FDUTPA Attorney Today

At Pike & Lustig, LLP, we Southeast Florida deceptive and unfair trade practices lawyers provide diligent and results-driven guidance and support to clients. With the experience to represent both plaintiffs and defendants in FDUTPA claims, our attorneys are here to help you find the best path forward. Give us a call now to set up your strictly confidential case assessment.

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