Category Archives: Deceptive Unfair Trade Practices
Florida Regulators Settle Talcum Powder Case With Johnson & Johnson for $700 Million (Deceptive Marketing)
On June 12th, 2024, NBC News reported that Florida regulators (along with dozens of other states) have reached a $700 million settlement with Johnson & Johnson. The state found that the multi-national company engaged in unlawful deception by failing to warn consumers about the health and safety risks associated with its talcum powder products…. Read More »
Florida Second in Country in Elder Financial Fraud: $180 Million in Confirmed Losses in 2023 Alone
On May 14th, 2024, NBC 6 South Florida reported that our state has the dubious distinction of being home to the second highest total amount of elder financial fraud in the entire country. Notably, the Federal Bureau of Investigation Internet Crime Complaint Center (ICCC) reports that elder financial fraud nationwide spiked 14 percent nationwide… Read More »
Florida Regulators Crack Down On “SunPass Scams”
On May 10th, 2024, The Palm Beach Post reported that Florida regulators are cracking down on so-called “SunPass scams.” Within the last few days, ten different websites targeted consumers in our state have been shut down by authorities. These websites were used to send unsuspecting people fraudulent SunPass toll violations. Here, our Palm Beach… Read More »
Consumer Fraud Watch: Miami Metro Area Leader in Identity Fraud
Recently, Consumer Affairs released a comprehensive report on identity theft. Alarmingly, the organization found that identity theft is up nearly 400 percent over the last two decades. The Miami metropolitan area has the dubious distinction of being the leader in identity theft nationwide. Within this article, our Miami FDUTPA lawyer discusses the report and… Read More »
Were You the Victim of a Bait-and-Switch in Florida? Know Your Rights
For consumers, there are few things more frustrating than discovering that the business that you are working with cannot be trusted to treat you fairly. A bait-and-switch is an all-too-common example of an unscrupulous business practice. If you were the victim of a bait-and-switch, you may have a claim for compensation through the Florida… Read More »
Can You Sue a Car Dealership for Misrepresenting a State of a Used Vehicle?
Purchasing a used car can be stressful. While most consumer advocates agree that a good used car offers a better value than a brand new car, there is also a significantly higher risk of something going wrong. This raises an important question: Can you sue a used car dealership for making material misrepresentations about… Read More »
Five Mistakes to Avoid When Defending an FDUTPA Lawsuit from a Customer/Client
The Florida Deceptive and Unfair Trade Practices Act allows customers/clients to take legal action against a business. Through an FDUTPA lawsuit, a plaintiff may be entitled to compensation for “actual damages” that they suffered as part of a company’s deceptive or otherwise unfair commercial practices. If your company is facing an FDUTPA lawsuit? A… Read More »
Report: Construction Fraud Case Highlights Disturbing Trend in Florida
According to a report from Action News Jax, a luxury home builder with an otherwise reputable track record is facing more than a dozen complaints from residential customers. Prosecutors contend that the Pineapple Corporation—and its owner, Spencer Calvert—improperly took in millions from customers. Within this article, our Miami FDUTPA lawyer discusses the report—and the… Read More »
Florida State Regulators Launch Initiative to Stop Consumer Fraud
On February 5th, 2024, the Florida Record reported that state regulators have launched an initiative designed to stop consumer fraud. Chief Financial Officer (CFO) Jimmy Patronis is aiming for a “Fraud Free Florida. ”Within this article, our Miami FDUTPA lawyer highlights the key points consumers should know about the initiative and explain your options… Read More »
Can You Compel Arbitration of an FDUTPA Claim in Florida?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that allows consumers and businesses to seek compensation for losses caused by certain improper commercial activities. The law contains a private right of action—meaning consumers/businesses have the right to sue under the FDUTPA. This raises an important question: Can arbitration be… Read More »
Proposed Class Action FDUTPA Lawsuit: Combos Lack Adequate “Real Cheese”
According to a report from WFTV, a Florida man has filed a (proposed) class action lawsuit against Mars Inc—the multi-billion dollar food conglomerate—on the grounds that its “Combos” snack product does not actually contain adequate “real cheese” as indicated by the packaging. The complaint alleges a violation of the Florida Deceptive and Unfair Trade… Read More »
Major Insurance Company Sues Doctor in Florida for Alleged Fraud Scheme
According to a report from Insurance Business, Allstate—the Illinois-based insurance giant—has filed a civil lawsuit in Florida against a doctor. The legal complaint alleges that Ravi Xavier—the owner of Florida Anesthesiology & Pain Clinic—improperly fabricated medical records and billed the company for unnecessary spinal surgeries. Within this article, our West Palm Beach FDUTPA attorney… Read More »
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… Read More »
What Options Do I Have If I Was a Victim of Consumer Fraud in Florida?
Were you the victim of consumer fraud? It is normal to feel frustrated, overwhelmed, and ready to fight for justice. This raises an important question: What legal options are available for consumer fraud victims in Florida? Here, our West Palm Beach FDUTPA lawyer answers the questions by providing an overview of your options if… Read More »
Woman in Florida Sues Hershey’s for “Deceptive” Packaging; Alleges FDUTPA Violation
On January 2nd, 2024, Fox 35 Orlando reported that a woman in Hillsborough County has filed a Florida Deceptive and Unfair Trade Practices (FDUTPA) complaint against Hershey’s, the Pennsylvania based multinational confectionery corporation. She contends that the company used deceptive packaging to market its ultra-popular “Reese’s” candy product. Here, our West Palm Beach deceptive… Read More »
CFPB Unveils New Regulations Coming as FDIC Announces Proposed Rule Related False Advertising
On December 20th, 2023, the Consumer Financial Protection Bureau (CFPB) announced a significant crackdown on FDIC-related false advertising. Federal regulators emphasize that many non-traditional financial institutions are making material misrepresentations to consumers—misleading them into believing that their account is FDIC insured when that is not the case. Within this blog post, our Miami deceptive… Read More »
Florida Attorney General Files Civil Fraud Lawsuit Against Criminally-Charged Pool Company Owner—Multi-Million Dollar Fraud Case
According to a report from ABC 12 News, Florida Attorney General Ashley Moody has filed a civil fraud lawsuit against the owner of a now-defunct swimming pool company. That pool owner—George Galiszewski Jr. of Port St. Lucie—is already facing serious criminal charges. Mr. Galiszewski Jr. stands accused of defrauding more than 100 customers at… Read More »
Pharmaceutical Giant Brings Lawsuit Against “Semaglutide” Competitor
According to a report from The National Law Review, Novo Nordisk—the large pharmaceutical company that is based in Denmark—has filed a lawsuit against a competitor over the increasingly popular “semaglutide” weight loss drug. Among other things, Novo Nordisk alleges violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Here, our Miami FDUTPA… Read More »
FTC Takes Enforcement Action Against Maker of “Invisible Mask” Over False COVID-19 Protection Claims
Recently, the Federal Trade Commission (FTC) took enforcement action against four defendants that marketed a product called “Virus Buster Invisible Mask.” The FTC determined that the defendants made false and misleading representations about the degree of COVID-19 protection provided by the mask. Within this article, our Miami deceptive trade practices attorney provides a more… Read More »
Zillow Prevails in an Unfair Business Practices Lawsuit in Federal Court
According to a report from Housing Wire, Zillow—the Seattle-based tech real-estate marketplace company—has prevailed in an unfair business practices lawsuit. A federal court determined that Zillow did not make materially deceptive changes to its “only agent” listings. Here, our Miami FDUTPA attorney provides a more comprehensive overview of the key issues in this unfair… Read More »
