Common Advertising Practices That Lead to Florida Business Litigation

Every business wants to put its best foot forward in marketing. Catchy slogans, bold claims, glowing testimonials; they all help attract customers. But in Florida, certain advertising practices cross a legal line, and the consequences can be severe. Whether you are a business owner trying to stay compliant or a company that has been harmed by a competitor’s misleading ads, understanding what the law prohibits is essential.

When Advertising Becomes a Legal Problem in Florida

Florida’s primary weapon against deceptive advertising is the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), codified at Florida Statutes §§ 501.201–501.213. Modeled after the federal FTC Act, FDUTPA prohibits “unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” What makes FDUTPA particularly powerful, and particularly dangerous for businesses that run afoul of it, is that both consumers and competing businesses can sue under the statute. A competitor who can show actual losses caused by your deceptive advertising has a viable claim against you. Penalties can include actual damages, attorney’s fees, and injunctive relief.

This is not a theoretical risk. In 2024 alone, companies across the country returned $337.3 million to consumers as a result of FTC enforcement actions tied to deceptive advertising practices, according to data published by the Federal Trade Commission.

Advertising Tactics That Routinely Trigger Litigation

Some of the most common advertising practices that end up in Florida courtrooms are ones businesses do not even realize are problematic until it is too late.

• Bait-and-switch advertising. Promoting a product or service at a low price to draw in customers, then pushing them toward a more expensive option, is a textbook FDUTPA violation. Courts and regulators take this seriously, especially in consumer-facing industries.
• Unsubstantiated performance claims. Saying your product is “the best,” “the fastest,” or “clinically proven” without the data to back it up is not just puffery. It can constitute a deceptive act if consumers are likely to take the claim at face value.
• Hidden fees and undisclosed costs. Advertising a price and then burying additional charges in fine print is one of the most litigated advertising issues in Florida. Automatic subscription renewals without clear disclosure have drawn significant legal attention in recent years.
• Fake or manipulated reviews. The FTC finalized rules on consumer reviews and testimonials in 2024, and enforcement is now active. Civil penalties for violations can reach up to $53,088 per violation. Businesses that post fake reviews, suppress negative ones, or use undisclosed employee testimonials are squarely in the crosshairs.
• False “Made in USA” or origin claims. Misrepresenting where a product was manufactured is a federal violation and can also support a state FDUTPA claim, particularly when competitors who actually source domestic products are disadvantaged as a result.
• Overstated AI capabilities. Regulators have moved aggressively against businesses that exaggerate what their AI tools or services can do. If your marketing leans on AI capabilities, those claims need to be substantiated before they go live.

Businesses do not always commit these violations intentionally. Marketing teams work fast, slogans get approved without legal review, and what seems like an ordinary promotional claim can expose a company to litigation it never saw coming.

Protect Your Business Before a Claim Is Filed

Prevention starts with process. Before launching a major campaign, examine every claim you are making. Ask whether it is literally true, whether it could mislead a reasonable consumer, and whether important information is buried or omitted. Make sure testimonials reflect real customer experiences and that any material connection between an endorser and your business is clearly and conspicuously disclosed.

If your business is on the receiving end of a competitor’s deceptive advertising, the law may give you more options than you realize. FDUTPA allows competing businesses to seek damages for actual losses caused by unfair advertising practices. Documentation is critical; preserve the offending ads, quantify your losses, and act quickly because statutes of limitations apply.

When advertising disputes escalate to litigation, experienced legal counsel makes an enormous difference. We encourage any Florida business navigating a deceptive advertising claim, whether as plaintiff or defendant, to speak with West Palm Beach business litigation lawyers who understand FDUTPA and the rapidly evolving standards around digital marketing and endorsements. At Pike & Lustig, we work with businesses across South Florida on complex commercial disputes, including claims rooted in deceptive trade practices. If your business is facing a marketing-related legal threat, or if a competitor’s advertising is cutting into your bottom line, contact us today to talk through your options.

Sources:

ftc.gov/news-events/news/press-releases/2025/03/new-ftc-data-show-big-jump-reported-losses-fraud-125-billion-2024 leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/0501PARTIIContentsIndex.html