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Category Archives: Deceptive Unfair Trade Practices

Legal7

FDUTPA Claims: What Is A “Private Right of Action?”

By Michael Pike and Daniel Lustig |

In Florida, businesses and other commercial organizations have a legal responsibility to treat consumers in a fair and good faith manner. If they fail to do so, they could be held liable for consumer damages under the state’s Deceptive and Unfair Trade Practices Act (FDUTPA). Notably, the FDUTPA contains a “private right of action”—meaning… Read More »

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Legal26

FDUTPA Watch: Florida Court Allows Competitor To Recover For Lost Profits In Deceptive And Unfair Practices Claims

By Michael Pike and Daniel Lustig |

A recent ruling in a key FDUTPA case in South Florida has expanded this ability of corporate competitor plaintiffs to recover financial compensation for their damages. In the case of Tymar Distribution LLC v. Mitchell Group USA, LLC the court determined that corporate-competitor plaintiffs have the right to seek compensation for “lost profits” under… Read More »

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Legal10

Consumer Injury Is An Essential Requirement Of An FDUTPA Claim

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) bars businesses from commercial practices that are unfair, deceptive, unconscionable, or otherwise against public policy. Most FDUTPA claims are filed by consumers—either an individual consumer or as part of a class action. That being said, non-consumers can file an FDUTPA claim. To bring a successful… Read More »

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Lit4

National Advertising Division Recommends That Cookware Company Changes Its “Never Sticks” Advertising

By Michael Pike and Daniel Lustig |

According to a report from PR Newswire, the National Advertising Division (NAD) of the Better Business Bureau (BBB) has completed its official inquiry into the home appliance company ‘SharkNinja’ and its ‘NeverStick’ cookware line. The NAD has determined that the brand name is permissible, but it recommends that SharkNinja change its branding. In this… Read More »

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LegalLaw

How Are Damages Measured In An FDUTPA Claim?

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state statute that is sometimes referred to as “Florida little-FTC Act.” The law allows businesses and consumers to hold bad acting companies legally liable for damages caused by a deceptive, unfair, misleading, or otherwise unjust commercial practice. The FDUTPA allows plaintiffs to recover… Read More »

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Lit2

Florida Appeals Court: Car Dealership “Waived” Right To Compel Arbitration In FDUTPA Case

By Michael Pike and Daniel Lustig |

On August 18th, 2021, the Fourth District Court of Appeal for the State of Florida ruled that an auto dealership waived its right to compel arbitration in a Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim. In the case of Marino Performance Inc. v Jose Carlos Zuniga and Juan C. Zuniga Jr., the… Read More »

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Legal22

Federal Court In Florida Denies Class Certification In FDUTPA Ticket Refund Case

By Michael Pike and Daniel Lustig |

Under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), consumers and businesses have the ability to hold defendants liable for damages caused by unjust commercial practices. Many FDUTPA claims are class action lawsuits—where the plaintiffs assert that a business or organization caused damage to many parties due to their deceptive or otherwise unfair… Read More »

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Legal19

Three Tips For Protecting Your Business From Class Action FDUTPA Claims

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a statute that protects consumers (and businesses) against commercial practices deemed to be deceptive, unfair, abusive, or unconscionable. In many cases, FDUTPA claims are class action lawsuits. A company found liable in a class action FDUTPA could face a significant financial burden. Here, our… Read More »

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Telem2

Florida Governor Signs New Restrictions On Telemarketing Calls

By Michael Pike and Daniel Lustig |

Telemarketing calls are a nuisance for many consumers and businesses in Florida and throughout the United States. According to data cited by the Federal Trade Commission (FTC), Americans receive an estimated 180 million unsolicited phone calls from telemarketing each day. On June 29th, 2021, Florida Governor Ron Desantis signed SB 1120 into law—a bill… Read More »

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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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