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Unfair or Deceptive Business or Trade Practices

In 1973, Florida enacted Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”). The goal of enacting the FDUTPA was to provide consumers with a means of bringing claims against businesses that mislead customers into purchasing their product or service.

In order to bring a lawsuit against a company under the FDUTPA, a plaintiff must prove that (1) there was an unfair or deceptive business or trade practice; (2) the plaintiff suffered some type of damage; and (3) the damages suffered by the plaintiff was due to the unfair or deceptive business or trade practice. Notice that there is no requirement that the unfair or deceptive practices be done intentionally. Consumers who are harmed can still bring a claim if the unfair or deceptive practices were performed negligently. A few examples of unfair and deceptive business and trade practices are:

  • Deceptive pricing formats;
  • False/deceptive advertising;
  • False/deceptive guarantees;
  • Automatic renewal of contract without authorization;
  • Charging higher interest rates than advertised or agreed to; and
  • Inferior quality of product or service.

If you have suffered damages due to unfair or deceptive business or trade practices, contact us online or give us a call at 954-384-6114 to schedule a consultation with one of our experienced attorneys. We will analyze your case and explain the legal options that you may pursue.