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How To Defend An FDUTPA Lawsuit In South Florida


The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) allows individuals and businesses to recover compensation if they sustained losses due to deception or other unfair commercial activity. Through an FDUTPA claim, a company can be held liable for the plaintiff’s “actual damages.”

Of course, not all FDUTPA claims are well-substantiated. Businesses have a right to defend their interests. Below, our West Palm Beach deceptive and unfair commercial practices  lawyer highlights six key steps to take when defending an FDUTPA lawsuit in Florida.

  1. Understand the Allegations 

First and foremost, it is important to stay calm. Take a moment to get a handle on the actual nature of the allegations. What is the plaintiff alleging that your company did? Why do they believe that your practices were deceptive or unfair? Make sure you know the stakes of the case. 

  1. Know the Law and Your Liability Risk 

FDUTPA claims are complicated. It is useful to have an understanding of how FDUTPA liability works in Florida. If you have any specific questions about what constitutes a deceptive or unfair practice, an experienced Florida business lawyer can help. 

  1. Avoid a Direct Confrontation With the Plaintiff 

Do not angrily confront the plaintiff once a demand letter has been sent (threat of a lawsuit) or a claim has been filed (actual lawsuit). At this point, it is a legal matter that needs to be handled and defended through the proper channels. 

  1. Get Organized: Prepare Your Defense 

Businesses facing an FDUTPA lawsuit should gather and organize all of the documents, records, and other information that they have about the specific issue in question. The more evidence that you have, the better position that your company will be in to raise a strong defense.  

  1. Evaluate Settlement Options 

FDUTPA are highly fact-specific. The reality is that there are many reasons why an aggressive defense strategy is not always the right posture to take. Defendants in FDUTPA should always carefully evaluate their settlement options. A settlement is certainly not the approach for every FDUTPA case, but it is worth evaluating. 

  1. Get Professional Help From a Top Attorney 

You do not have to navigate an FDUTPA lawsuit alone. If your South Florida business is facing a deceptive and unfair trade practices claim from a customer or another company, an experienced business litigation attorney will protect your rights and help you figure out the best course of action for the specific situation.

Set Up a Confidential Case Review With an FDUTPA Defense Attorney

At Pike & Lustig, LLP, our FDUTPA attorneys are committed to putting the rights of our clients first. If your business is facing a deceptive or unfair trade practices claim, we are here to defend your rights and interests. Give us a call today to arrange your confidential initial appointment. From our West Palm Beach office, we defend FDUTPA cases throughout Palm Beach County. Our law firm also has additional office locations in Miami and Wellington for the convenience of our clients.



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