Category Archives: Deceptive Unfair Trade Practices
FDUTPA Watch: Eleventh Circuit Upholds Injunction Against Florida’s Social Media Law
On May 23rd, 2022, the United States Court of Appeals for the Eleventh Circuit upheld the injunction of Florida’s controversial “social media” law. The law—which would allow individuals to sue social media companies for inconsistent bans—has been deemed likely to violate the First Amendment of the U.S. Constitution. In this article, our West Palm… Read More »
False Advertising In Florida: Know The Definition And Your Legal Options
Advertising is everywhere. As all savvy consumers know-well, advertising is not independent or unbiased. An advertisement is trying to sell a product or service. Companies have a right to advertise. At the same time, you have a fair and reasonable expectation that an advertisement is making accurate representations. False advertising is an illegal, deceptive… Read More »
Report: Car Dealerships Still Charging Unlawful Fees In Violation Of FDUTPA (Buying Out Car Leases)
According to a report from Local News 10, too many auto dealerships in our state continue to violate the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) by charging unlawful fees. The law is clear: Consumers in Florida should not be charged any “dealer fees” when buying out car leases. In this blog post,… Read More »
What You Can (And Cannot) Recover In An FDUTPA Lawsuit
The FDUTPA—Florida’s Florida Deceptive and Unfair Trade Practices Act—provides powerful legal remedies to consumers and businesses harmed by an unjust business practice. The statute allows individuals, companies, and organizations to pursue financial compensation for their damages. That being said, there are some limits in place for financial recovery under the law. In this blog… Read More »
Florida Regulators Provide Consumer Protection Tips During Hurricane Awareness Week
On May 2nd, 2022, Florida Agriculture Commissioner Nikki Fried released consumer protection tips and anti-fraud guidance as part of National Hurricane Preparedness Week. Along with the FDACS, Commissioner Fried is warning consumers to watch out for scams in the coming months. Here, our Miami deceptive & unfair trade practices attorney highlights the consumer safety… Read More »
Consumer Protection In Florida: What I Was Told Is Not The Same As What Is In Writing
As a consumer in Florida, the state’s Deceptive and Unfair Trade Practices Law (FDUTPA) protects you against material misrepresentations, false advertising, and other unjust commercial practices by businesses. You can hold a business legally liable for damages sustained because of deceptive unfair trade practices. This raises an important question: What if a business is… Read More »
Florida Appeals Court Overturns Awards Of Attorneys’ Fees In FDUTPA
On March 22, 2022, the Florida Fourth District Court of Appeal overturned a trial court decision that had awarded attorneys’ fees to a defendant in an FDUTPA claim. In the case of Forte v. All County Towing Inc., the appeals court sent the matter back down to the trial court for a comprehensive evidentiary… Read More »
DOJ Obtains Restraining Order In Florida Fraud Scheme Targeted At Senior Citizens
On April 6th, 2022, the Department of Justice (DOJ) announced that the United States for the Southern District of Florida obtained a restraining order against Windows Service Center LLC and its owner Erica Herson. Winder Service Center LLC is a tech support company with main headquarters in Miami, Florida. The DOJ contends that this… Read More »
Fraud Warning: Floridians Are Being Targeted By “Wrong Number” Text Scam
On March 28th, 2022, the Florida Office of the Attorney General published an official press release warning state residents to beware of so-called “wrong number” text scams. State regulators recently received evidence suggesting that scammers are actively targeting Floridians. In this blog post, our Miami deceptive and unfair trade practices lawyers discuss the warning… Read More »
FTC: Central Florida Company Deceived Consumers With Credit Card Interest Rate Scam
On February 28th, 2022, the Federal Trade Commission (FTC) announced official enforcement against a Central Florida company and its owners and operators. According to the FTC, the company unlawfully targeted and deceived people looking to reduce the interest rate on their credit cards. In this blog post, our West Palm Beach deceptive & unfair… Read More »
Federal Regulators Charge Florida Auto-Sales Telemarketers With Deceptive Marketing
On February 9th, 2022, the Federal Trade Commission (FTC) announced commercial fraud charges against a group of auto-sales telemarketing companies in Florida. The nation’s top business regulator alleges that consumers were bilked out of approximately $6 million due to deceptive marketing practices related to extended warranties. In this blog post, our West Palm Beach… Read More »
How Do Business Competitors File A Claim Under The FDUTPA?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) prohibits companies from using misleading, abusive, and otherwise unlawful practices to sell products and services. The FDUTPA is well-known as an important consumer protection law. What is less known is that the state statute also provides legal remedies to competitors of businesses that have engaged… Read More »
Florida Regulators Warn Residents About Jury Duty Scam
On January 25th, 2022, the Office of Florida Attorney General Ashley Moody put out an official news release warning state residents to beware of a new jury duty scam. State officials believe that scammers are calling people in Florida and falsely telling them that they failed to show up for jury duty. Scammers then… Read More »
FDUTPA Violations: Defining The Terms “Deceptive” And “Unfair”
Often referred to simply as the “Little FTC Act”, the Florida Deceptive and Unfair Trade Practice Act (FDUTPA) is our state’s most comprehensive consumer protection law. It allows consumers, organizations, and businesses to seek financial relief for damages caused by “deceptive” practices and/or “unfair” commercial conduct. This raises an important question: What constitutes an… Read More »
What Is Florida’s “Little FTC Act”?
The Federal Trade Commission Act of 1914 (FTC Act) is one of the most important nationwide consumer protection laws. Signed by President Woodrow Wilson, the FTC Act makes unfair methods of commerce and competition unlawful. Many states have their own version of the FTC Act, including Florida. Modeled after the long-standing federal statute, the… Read More »
Florida Aerospace Company Facing Class Action Fraud Lawsuit
According to a report from WFLA News Channel 8, a Florida-based aerospace company is facing a class action securities fraud lawsuit. The claim contends that Redwire Corporation, a company based in Jacksonville, improperly misled its investors causing tangible financial harm. Here, our West Palm Beach deceptive & unfair trade practices lawyers provide a more… Read More »
Florida Court: FDUTPA Allows Class Action Certification For Concealment Claims
On December 6th, 2021, the United States District Court for the Southern District of Florida issued a decision in the case of Cardenas v. Toyota Motor Corp. The court determined that class action certification was appropriate in a concealment case filed under the FDUTPA. Notably, a related civil RICO claim was not approved for… Read More »
Florida Regulators Offer Tips To Help Consumers Avoid Online Fraud During The Holidays
As the holiday season approaches, retail sales increase—including on the internet. Cyber Monday is consistently the top online shopping day for the entire year, with total sales nationwide surpassing $10 billion. Of course, e-commerce is big throughout the entire month of December. Florida officials want to make sure consumers are protected. On November 26th,… Read More »
Deceptive And Unfair Trade Practices In Florida: Misleading Sales Pitches
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law designed to protect consumers and businesses from improper conduct. There are a number of different practices that are considered “deceptive” and/or “unfair” under the law. A misleading sales pitch could constitute an FDUTPA violation. In this blog post, our Miami deceptive… Read More »
What Evidence Can You Use To Prove An FDUTPA Violation?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law modeled after the federal Federal Trade Commission Act (FTC Act) that protects consumers and businesses against unjust commercial practices. The statute contains a private right of action—meaning you can hold a defendant liable for damages caused by an FDUTPA violation. Here,… Read More »
