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Category Archives: Deceptive Unfair Trade Practices

ClassAction

Consumers File Class Action FDUTPA Against Toyota

By Michael Pike and Daniel Lustig |

According to a report from Law 360, a group of consumers has filed a class action lawsuit under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) against Toyota. According to the allegations raised in the complaint, Toyota and several Florida-based auto dealerships knowingly marketed and sold vehicles with defective HVAC systems. In this… Read More »

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Legal18

Are Punitive Damages Allowed Under The FDUTPA?

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a Florida statute that protects people and businesses against unjust commercial practices. If your rights are violated under the law, you can file a claim for financial compensation. You may be wondering: Can you recover punitive damages under the FDUTPA? The short is ‘no’—but,… Read More »

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Legal17

FDUTPA And False Advertising Claims

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law designed to protect consumers and businesses against misleading and unjust commercial practices. As the statute reads, business practices are unlawful if they are deemed “unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices.” One of… Read More »

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BusFraud

The Three Things You Need To Prove To Bring A Successful FDUTPA Claim

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law designed to protect consumers and businesses against unfair commercial practices. If you or your company sustained losses due to illegitimate commercial practices, you may be entitled to financial compensation. This raises an important question: what do you need to show to… Read More »

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Lawyer4

Florida’s Deceptive And Unfair Trade Practices Act (FDUTPA): Bait And Switch Schemes

By Michael Pike and Daniel Lustig |

Passed into law in the 1970s, the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is our state’s counterpart to the Federal Trade Commission Act (FTC Act). The FDUTPA is an effective tool for consumers and businesses that have suffered losses due to deceptive and otherwise unfair commercial practices. In applying the state law,… Read More »

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ConsumerProtec2

What Is The Florida Motor Vehicle Repair Act?

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) provides the most comprehensive protection against business and consumer fraud—but it is certainly not the only consumer protection law. The Florida Motor Vehicle Repair Act is a specialized state statute that helps to ensure that consumers are treated fairly by mechanics and automotive service companies…. Read More »

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ConsumerProtection

Class Action FDUTPA Lawsuit Filed Against Costco—Florida Man Argues Battery Advertisement Was Deceptive

By Michael Pike and Daniel Lustig |

According to a report from Law360, the retail giant Costco is facing a lawsuit under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). A Florida man alleges that Costco’s guarantee of a “free” battery replacement under warranty for the Interstate automobile batteries it sells improperly misleads consumers. In this blog post, our West… Read More »

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Legal17

Central Florida Rental Company Facing Potential FDUTPA Liability

By Michael Pike and Daniel Lustig |

According to reporting from Spectrum News 13, a rental company in Central Florida is facing potential liability under the FDUTPA for materially misrepresenting the condition of a three bedroom rental home in Orlando. Florida Beach Coast, an Orange County-based company, is alleged to have engaged in a pattern of deceptive behavior. In this blog… Read More »

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BusinessLit

Certified Collectibles Group Adds New Allegations To Their FDUTPA Lawsuit Against Globant S.A.

By Michael Pike and Daniel Lustig |

According to a press release published on PR Newswire, Certified Collectibles Group (CCG) has added new allegations to its Florida Deceptive and Unfair Trade Practices Act (FDUTPA) lawsuit against Globant S.A. The underlying dispute in the case centers around an alleged failed software upgrade. Here, our West Palm Beach deceptive & unfair trade practices… Read More »

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FDUTPA Claims: Florida Appeals Court Overrules Class Action Certification In Sales Tax Lawsuit Against BJ’s Wholesale Club

By Michael Pike and Daniel Lustig |

On April 14th, 2021, the Third District Court of Appeals for the State of Florida overturned a lower court’s decision to certify a class action FDUTPA lawsuit in a dispute over a retailer’s alleged overcharging of sales tax. In the case of BJ’s Wholesale Club, Inc., etc, v. Laura Bugliaro, the appeals court determined… Read More »

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