FDUTPA Violation: Florida Attorney General Takes Action Against Hot Tub Sellers That Deceived Consumers With False Promises
Recently, the Office of Attorney General Ashley Moody announced that enforcement action was being taken against two Florida hot tub and spa companies—Affordable Spa Covers and Coverlex—for deceptive and unfair business practices. The companies stand accused of knowingly and intentionally accepting payments for products that they could not deliver on time, or, in some cases, at all. The affected consumers reportedly lost out on thousands of dollars. Here, our West Palm Beach deceptive and unfair trade practices lawyers explain why an FDUTPA claim is a powerful legal tool for consumers by answering some common questions about the law.
Consumer Rights Under the FDUTPA: Frequently Asked Questions (FAQs)
What is the FDUTPA?
The FDUTPA is a Florida state law that prohibits businesses from engaging in deceptive or unfair practices in their dealings with consumers. Companies that violate the law can be held liable through a civil legal claim. The law provides a way for consumers to seek damages or other relief if they have been harmed by such practices.
Can I File a Lawsuit for an FDUTPA Violation?
Yes. Both consumers and businesses have a right to file their own FDUTPA lawsuit. You are not reliant on the Florida Office of Attorney General. If you were harmed due to a deceptive and/or unfair business practice, you can bring a claim against the offender.
What Kinds of Business Practices are Prohibited By the FDUTPA?
The FDUTPA prohibits a wide range of deceptive or unfair practices, including false advertising, misleading statements or omissions, bait-and-switch tactics, and other actions that may mislead or harm consumers. The law also provides for some standardized consumer protections in certain industries, such as motor vehicle sales and home improvements.
What Legal Remedies are Available under the FDUTPA?
If a consumer has been harmed by a deceptive or unfair practice, they may be entitled to damages, restitution, or other relief under the FDUTPA. Most notably, the state law allows claimants to seek financial compensation for their actual damages. Whatever actual damages (non-speculative) that you suffered as a direct result of an FDUTPA violation can be sought in a lawsuit.
How Long is the Statute of Limitations for an FDUPTA Claim in Florida?
The statute of limitations for an FDUPTA claim in Florida is four years. In other words. a plaintiff must file a lawsuit within four years from the date of the alleged violation. Of course, you do not want to take that long to take action. A proactive approach is essential for consumers.
Speak to Our FDUTPA Claims Attorney for Immediate Help
At Pike & Lustig, LLP, we have the specialized skills and expertise to take on all types of deceptive and unfair commercial practices claims. Do you have questions about the FDUTPA? Professional advice is just a phone call away. Contact us now for a confidential consultation. We handle FDUTPA claims in West Palm Beach, Jupiter. Fort Lauderdale, Miami, and throughout the region.