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Is Your Company Facing an FDUTPA Lawsuit? Four Steps to Take


The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that was put into effect to protect consumers, businesses, and organizations against unjust and materially misleading commercial practices. As the law has a private right of action, any party can file an FDUPTA lawsuit against a business that operates in Florida.

Of course, not all lawsuits are well-founded. This raises an important question: How can you defend your company against an FDUTPA lawsuit? Always take a proactive approach. In this article, our West Palm Beach FDUTPA lawyers highlight four steps that businesses should take when facing a deceptive and unfair trade practices lawsuit in Florida.

  1. Stay Calm, Take Time to Understand the Nature and Scope of the FDUTPA Complaint 

First and foremost, it is crucial to keep your composure upon learning of an FDUTPA lawsuit. While it is a natural response to feel stressed and frustrated, it is important to remember that a civil lawsuit is just a complaint. It does not mean that your company bears any liability. Review the allegations thoroughly to understand the nature and scope of the allegations.

  1. Get Organized: Gather All Relevant Documents, Records, and Other Evidence 

Once you understand the allegations, the next step is to gather all pertinent documents and records. Relevant evidence can come in a wide array of different forms, including contracts, invoices, customer communication records, marketing materials, product descriptions, and any other document relevant to the alleged unfair trade practice.

Organizing these materials will help you and your legal team understand the context and build a solid defense. Make sure to store copies of all documents safely; these can be used as evidence to counter the FDUTPA claim. The more information that you have, the better off you will be. 

  1. Seek Professional Legal Representation from a Florida FDUTPA Attorney 

While it might be tempting to handle the lawsuit on your own to save costs, the complexities of FDUTPA complaints make professional representation essential. A lawyer experienced in FDUTPA cases can guide you through the legal intricacies, develop an effective defense strategy, and negotiate settlements if applicable. The right attorney can make a big difference. 

  1. Prepare a Response to the FDUTPA Claim

With your attorney, work on preparing a comprehensive response to the FDUTPA claim. This should involve challenging the allegations made against your company and demonstrating that your business practices comply with Florida laws. Be prepared to demonstrate, with evidence, that the practices in question were not deceptive or unfair. Remember, in FDUTPA lawsuits, the burden of proof is on the plaintiff—the one who filed the deceptive and unfair trade practices complaint.

Set Up a Confidential Consultation With Our South Florida FDUTPA Lawyer Today

At Pike & Lustig, LLP, our Florida business law attorneys have experience handling complex deceptive and unfair trade practices claims. If your company is facing a lawsuit for an FDUTPA violation, we are more than ready to provide proactive legal representation. Contact our law firm today to arrange your completely confidential initial case assessment. We provide business law services throughout South Florida from our office locations in West Palm Beach and Miami.



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