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


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 proactive approach is a must. At Pike & Lustig, LLP, we have extensive experience with complex litigation, including with defending companies that are being sued. Here, our Miami FDUTPA lawyers highlight five key mistakes to avoid if your company is facing a deceptive trade practices lawsuit from a customer/client.

  1. Outright Ignoring the Deceptive and Unfair Trade Practices Complaint 

A business should never ignore a lawsuit from a customer/client—and FDUTPA claims are certainly no exception. Disregarding or delaying your response to an FDUTPA lawsuit will not only put you behind in the legal process, it could even potentially lead to a default judgment against your business. Be proactive: Be sure to promptly address any complaint from a customer or client. It is better to handle a matter before a lawsuit is filed. 

  1. Failing to Document Your Defense (Evidence Matters) 

Failing to maintain comprehensive records and documentation is a significant misstep. Detailed records of transactions, communications, and customer interactions can be vital in defending against claims under FDUTPA. Lack of documentation may weaken your defense. Start investigating the matter as soon as you know that a customer or client is alleging an FDUTPA violation. 

  1. Overlooking Early Settlement Opportunities 

Not considering settlement as a viable option can be a mistake. Early negotiation and mediation can sometimes resolve disputes more efficiently and cost-effectively than litigation. Overlooking the possibility of an early settlement may lead to a prolonged legal battle. 

  1. Not Consult With an FDUTPA Defense Attorney 

Businesses need strong legal representation. Attempting to navigate an FDUTPA lawsuit without legal representation can lead to critical errors. The nuances of Florida law—as well as the complexity of trade practices litigation—require specialized knowledge. Without an experienced attorney, you may miss strategic opportunities to defend your case effectively. 

  1. Prematurely Publicizing the Dispute 

Publicly discussing or disparaging a customer/client who has filed an FDUTPA lawsuit against you can backfire. It could also create some bad publicity for your business. As a general rule, it is best to handle deceptive and unfair trade practices with an eye towards confidentiality. While litigation will become part of the public record, many FDUTPA complaints can be resolved outside of court.

 Set Up a Confidential Case Review With a Top-Tier Miami FDUTPA Attorney

At Pike & Lustig, LLP, we have the professional expertise that you can rely on. If you have any questions about defending an FDUTPA claim from a customer/client, our attorneys are here to help. Contact us today for your completely confidential case assessment. From our office in Miami and our office in West Palm Beach, we defend FDUTPA claims throughout Southeast Florida.

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