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Category Archives: Deceptive Unfair Trade Practices

Legal32

Florida Sues MV Realty For FDUTPA Violations

By Michael Pike and Daniel Lustig |

MV Realty is a real estate firm located in Florida. It operates in a number of different U.S. states. The company is now facing a lawsuit from the Office of the Attorney General of Florida. In a civil complaint filed in a Hillsborough County Court, state regulators allege that MV Realty has violated consumer… Read More »

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Legal23

Florida State Regulators Have Recovered Nearly $500 Million From Scammers Since 2019

By Michael Pike and Daniel Lustig |

The third week of November is International Fraud Awareness Week. Regulators and consumer protection groups are warning consumers about the pervasive (and growing) threat posed by scammers. According to a report from Florida Daily, Florida Attorney General Ashley Moody reports that state regulators have recovered more than $469 million from scammers since 2019. Florida… Read More »

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Litigation7

A Federal Court Allows FDUTPA Against Toyota To Move Forward (Alleged Defective HVAC System)

By Michael Pike and Daniel Lustig |

On October 25th, 2022, a judge from the United States District Court for the Central District of California ruled in favor of a consumer in an FDUTPA claim—denying a motion to dismiss filed by Toyota. The case of Jose Javier Perez, vs. Toyota Motor Sales, U.S.A., Inc., et al centers around allegations that Toyota… Read More »

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Legal16

Florida Attorney General Shuts Down Nearly Two Dozen “Moving Company” Scams

By Michael Pike and Daniel Lustig |

On November 2nd, 2022, the Florida Office of Attorney General announced that its office has been recognized with an award for shutting down nearly two dozen moving company scams that were operating in the state. The award was granted by the United States Department of Transportation (DOT), which has federal regulatory authority in these… Read More »

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LegalLawsuit

FTC: Opendoor Must Pay $62 Million For Deceptive Advertising

By Michael Pike and Daniel Lustig |

On October 21st, 2022, the Federal Trade Commission (FTC) announced that it has finalized a consent order against Opendoor Labs, Inc. Opendoor is an online-company that buys and sells residential real estate. The company will pay approximately $62 million to resolve false advertising allegations. A significant portion of the funds obtained by the FTC… Read More »

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TellMeMore

Understanding The FDUTPA’s Bar On The Recovery Of Consequential Damages

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that strictly forbids businesses from engaging in misleading or abusive commercial conduct. The FDUTPA gives consumers (and other businesses) the right to file a lawsuit for damages related to deceptive or otherwise unfair commercial practices. The FDUTPA allows plaintiffs to recover… Read More »

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DeceptiveAdvertising

FDUTPA Claims: Examples Of What Does And Does Not Constitute False Advertising

By Michael Pike and Daniel Lustig |

We all know how advertising works. A business is trying to sell its products or services. An advertisement is not unbiased or independent. At the same time, it is reasonable to expect companies to make fair and accurate representations in their advertising. Businesses are not supposed to materially mislead consumers. The Florida Deceptive and… Read More »

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Legal23

How To Defend An FDUTPA Lawsuit In South Florida

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) allows individuals and businesses to recover compensation if they sustained losses due to deception or other unfair commercial activity. Through an FDUTPA claim, a company can be held liable for the plaintiff’s “actual damages.” Of course, not all FDUTPA claims are well-substantiated. Businesses have a… Read More »

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ConsumerProte

Kind Bar Prevails In Consumer Deception Lawsuit

By Michael Pike and Daniel Lustig |

According to reporting from Bloomberg Law, Kind LLC—the snack food company headquartered in New York City—has prevailed in a consumer deception claim. A federal judge dismissed the complaint on the grounds that the plaintiff failed to provide evidence to show how a “reasonable consumer” would be deceived by the company’s marketing. Here, our Miami… Read More »

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Lawyer8

An Overview Of The Exceptions To The FDUTPA

By Michael Pike and Daniel Lustig |

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that imposes liability on businesses and organizations engaged in “unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices.” The FDUTPA grants broad legal protection to consumers and competing businesses. It allows private parties to sue… Read More »

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