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Category Archives: Deceptive Unfair Trade Practices

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Consumer Fraud Watch: Miami Metro Area Leader in Identity Fraud

By Michael Pike and Daniel Lustig |

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 »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

Were You the Victim of a Bait-and-Switch in Florida? Know Your Rights

By Michael Pike and Daniel Lustig |

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 »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

Can You Sue a Car Dealership for Misrepresenting a State of a Used Vehicle?

By Michael Pike and Daniel Lustig |

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 »

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Five Mistakes to Avoid When Defending an FDUTPA Lawsuit from a Customer/Client

By Michael Pike and Daniel Lustig |

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 »

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Report: Construction Fraud Case Highlights Disturbing Trend in Florida

By Michael Pike and Daniel Lustig |

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 »

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Florida State Regulators Launch Initiative to Stop Consumer Fraud

By Michael Pike and Daniel Lustig |

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 »

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Can You Compel Arbitration of an FDUTPA Claim in Florida?

By Michael Pike and Daniel Lustig |

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 »

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Proposed Class Action FDUTPA Lawsuit: Combos Lack Adequate “Real Cheese”

By Michael Pike and Daniel Lustig |

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 »

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Major Insurance Company Sues Doctor in Florida for Alleged Fraud Scheme

By Michael Pike and Daniel Lustig |

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 »

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Is Your Company Facing a False Advertising Complaint? Four Steps to Protect Your Rights

By Michael Pike and Daniel Lustig |

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 »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

What Options Do I Have If I Was a Victim of Consumer Fraud in Florida?

By Michael Pike and Daniel Lustig |

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 »

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Woman in Florida Sues Hershey’s for “Deceptive” Packaging; Alleges FDUTPA Violation

By Michael Pike and Daniel Lustig |

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 »

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CFPB Unveils New Regulations Coming as FDIC Announces Proposed Rule Related False Advertising

By Michael Pike and Daniel Lustig |

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 »

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Florida Attorney General Files Civil Fraud Lawsuit Against Criminally-Charged Pool Company Owner—Multi-Million Dollar Fraud Case

By Michael Pike and Daniel Lustig |

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 »

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Pharmaceutical Giant Brings Lawsuit Against “Semaglutide” Competitor

By Michael Pike and Daniel Lustig |

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 »

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FTC Takes Enforcement Action Against Maker of “Invisible Mask” Over False COVID-19 Protection Claims

By Michael Pike and Daniel Lustig |

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 »

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Zillow Prevails in an Unfair Business Practices Lawsuit in Federal Court

By Michael Pike and Daniel Lustig |

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 »

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Can You Sue a Business for a Bait-and-Switch in Florida?

By Michael Pike and Daniel Lustig |

As a consumer, you have a rightful expectation of fair treatment from businesses and organizations. In Florida, the state’s deceptive and unfair trade practices law (FDUTPA) allows affected consumers to hold companies liable for damages caused by unjust treatment. You can sue a company for a bait-and-switch under the FDUTPA. Here, our Miami FDUTPA… Read More »

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West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

Federal Judge in Florida Dismissing Part of Deceptive Trade Practices Claim Against Burger King, Allows Other Part of Case to Move Forward

By Michael Pike and Daniel Lustig |

According to a report from Restaurant Dive, a federal judge in South Florida has dismissed part of a deceptive trade practices claim against Burger King while simultaneously allowing the other part of the case to proceed. The complaint in question alleges that Burger King deceptively inflated the size of its “Whoppers” in its advertising… Read More »

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Tesla Faces False Advertising Lawsuit for Alleged Misrepresentation of the Range of Electric Vehicles

By Michael Pike and Daniel Lustig |

According to a report from Engadget, Tesla is currently facing a false advertising lawsuit over allegations that it materially misrepresented the range of its fleet of electric vehicles. As currently filed, the false advertising lawsuit seeks to cover all consumers in California who bought Tesla Model 3, Model S, Model X or Model Y…. Read More »

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