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Category Archives: Deceptive Unfair Trade Practices

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Florida Appeals Court Dismisses FDUTPA Claim, Upholds Forum Selection Clause

By Michael Pike and Daniel Lustig |

Recently, the Third District Court of Appeal for the State of Florida dismissed a Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim on the grounds that the dispute was bound by a valid forum selection clause. In the case of Kenneth Hendel vs. Internet Escrow Services, Inc., the plaintiff was pursuing compensation for… Read More »

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As Third Stimulus Payment Arrive, Florida Authorities Warn Consumers of Fraud and Scams

By Michael Pike and Daniel Lustig |

Earlier this month, the Internal Revenue Service (IRS) announced that it started processing the third round of Economic Impact Payments (stimulus payments). Many people in Florida are eligible for a $1,400 payment from the federal government. On March 15th, 2021, Florida’s Chief Financial Officer (CFO) released a warning encouraging people and families to watch… Read More »

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How Much Damages are Available in a Deceptive and Unfair Trade Practices Claim in Florida?

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a strong consumer protection law. Through a successful FDUTPA claim, a business or consumer can seek financial relief for “actual damages” sustained as a result of a deceptive or unjust trade practice. This raises an important question: How are damages calculated in an FDUPTA… Read More »

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Can You File a Lawsuit Against a Competing Business Under the FDUTPA?

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is one of our state’s most important consumer protection laws. Yet, the law does not only apply to consumers. Businesses also have the right to take legal action under the FDUTPA. In fact, a company may file an FDUTPA claim against one of its competitors…. Read More »

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Florida Plaintiff Wants Appeals Court to Revive Class Action FDUTPA Claim Against Bacardi

By Michael Pike and Daniel Lustig |

According to a report from Law360, a Florida man is asking the Eleventh Circuit Court of Appeals to revive a class action fraud claim against Bermuda-headquartered spirit maker Bacardi. Among other things, the plaintiff—a consumer named Uri Marrache—alleged violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Here, our Miami deceptive &… Read More »

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ConsumerData

FDUTPA: The Term “Unfair or Deceptive Act” is Construed Liberally

By Michael Pike and Daniel Lustig |

Companies that engage in fraudulent or unjust commercial activities can be held accountable for the damage they cause to consumers and other businesses. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a powerful consumer protection statute. The FDUTPA allows consumers to file a lawsuit to get compensation for losses related to an… Read More »

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FDUTPA and Attorneys’ Fees: What You Need to Know

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) provides protections to consumers and businesses against fraud and other unjust commercial practices. By filing an FDUTPA lawsuit, a plaintiff can seek financial compensation for damages sustained. Notably, the statute also allows for the awarding of attorneys’ fees and legal costs. Here, our West Palm… Read More »

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FDUTPA: An Overview of Deceptive Acts and Unfair Practices

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is the state’s most comprehensive consumer protection law. Through an FDUTPA claim, businesses and other parties can be held legally liable for losses caused by their deceptive and/or unfair conduct. This raises an important question: What constitutes a violation of the FDUTPA? The answer is… Read More »

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