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Four Things You Might Not Know About The Florida Deceptive And Unfair Trade Practices Act (FDUTPA)


Businesses in Florida are prohibited from using deception or other types of unjust commercial practices to sell their products or services. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a law that provides protections to parties engaged in a full range of commercial transactions. Within this blog post, our Miami deceptive & unfair trade practices lawyer highlights four key things that you might not know about your rights and options under the FDUTPA.

  1. Individual Consumers Have a Right to File a Lawsuit Under the FDUTPA 

First and foremost, every consumer should understand that the FDUTPA allows you to file a lawsuit against a business. Unlike some other consumer protection statutes, this law contains a “private right of action.” That matters. It means that you do not need to wait for federal or state regulators to get involved in the legal process. If a consumer feels that they have been misled or taken advantage of by a business, they can seek legal action through the FDUTPA. 

  1. The Terms “Deceptive” and “Unfair” are Broad 

What counts as a “deceptive” practice or an “unfair” practice. It is highly case-specific and fact-specific. That being said, the terms “deceptive” and “unfair” are relatively broadly defined by the FDUTPA. The consumer protection statutes covers a wide range of actions that may be considered harmful to consumers. Some notable examples include false advertising, material misrepresentations, material omissions of fact, bait-and-switch tactics, and price gouging. 

  1. Plaintiffs Can Seek Compensation for the Full Extent of their Actual Damages 

Proving damages is a key part of a consumer protection claim, including an FDUTPA lawsuit. Under the Florida state law, plaintiffs who successfully file a lawsuit can seek compensation for the full extent of their actual damages. More specifically, this means that they can be reimbursed for any financial losses they may have incurred as a result of the deceptive or unfair trade practices of the business or organization in question. A Florida FDUTPA lawyer can help you prove your losses. 

  1. A Business or Organization Can also File an FDUTPA Claim

While the FDUTPA is primarily intended to protect individual consumers, it also allows businesses and organizations to file claims against other businesses that engage in deceptive or unfair trade practices. As an example, a business may file a claim against a competitor for false advertising or for engaging in bait-and-switch tactics. This means that the FDUTPA can be used as a tool not only for consumers but also for businesses to protect themselves from unfair competition.

Set Up a Confidential Consultation With a Top FDUTPA Lawyer in South Florida

At Pike & Lustig, LLP, our consumer protection attorneys have extensive experience handling all aspects of FDUTPA claims. If you suffered financial losses because of a deceptive or otherwise unfair commercial practice, we are here to help. Contact us today to set up your fully private consultation. With law offices in Miami, West Palm Beach, and Wellington, we advocate for consumers in deceptive and unfair trade practices claims throughout Southeastern Florida.



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