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Business And Consumer Protection: Why The FDUTPA Is So Important


Whether you are an individual consumer or you own and operate a business, you are entitled to fair treatment from other companies in the market. Our state has strong business and consumer protection laws in place. Most notably, the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) allows businesses and consumers to hold companies liable for losses sustained due to material misrepresentations and other improper conduct. The statute is designed to help ensure that Florida’s economy is as fair and competitive as possible. Below, our West Palm Beach business & consumer fraud attorney highlights three reasons why Florida lawmakers enacted the FDUTPA.

  1. Modernization 

Some of the violations covered by the FDUTPA are also actionable under other laws in Florida—particularly when there are allegations of material misrepresentations, material omissions, or other types of fraud. The FDUTPA was enacted in large part to help modernize state law and ensure that all parties participating in the market have a clear understanding of what is and is not an acceptable business practice. A modernized law helps all parties. 

  1. Consistency 

The FDUTPA was enacted by legislators in Florida with a goal of creating harmony between federal law and state law. Indeed, the FDUTPA was modeled after the Federal Trade Commission Act (FTC Act). The FTC Act is the overriding federal statute that imposes civil liability on businesses that use deception and other unfair commercial practices in order to advance their financial interests. While not strictly identical, there are many similarities between the Florida’s deceptive and unfair trade practices statute and the FTC Act. 

  1. Strong Remedy 

The FDUTPA provides a powerful remedy for consumers. One of the most important things to know about the FDUTPA is that the law includes a private right of action. Indeed, this is where Florida’s state-level consumer protection law diverges from its federal counterpart. Businesses and consumers that suffered losses because of a deceptive or otherwise unfair practice do not need a way for government regulators to take action.

They can file a lawsuit directly against the responsible company. Through an FDUTPA claim, a business or consumer can get financial compensation for any and all actual damages that were suffered because of another party’s deceptive commercial practices or unfair commercial practices. If you have any questions about FDUTPA lawsuits or questions about what type of compensation can be recovered through an FDUTPA claim, contact our attorneys for immediate assistance.

Call Our South Florida Deceptive and Unfair Commercial Practices Attorneys for Help

At Pike & Lustig, LLP, our FDUTPA lawyers are driven to protect the interests and well-being of our clients. We are always prepared to go the extra mile to help you or your business find the best solutions. If you have questions about deceptive and unfair trade practices claims under Florida law, we can help. Call us today to set up your strictly private case review. From our legal office in West Palm Beach and our legal office in Miami, we handle FDUTPA claims throughout the whole region.

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