Florida Unfair and Deceptive Trade Practices Act Claims (FDUPTA)
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Florida Deceptive and Unfair Trade Practices Act (FDUPTA)
In Florida, many claims for unfair business practices can be prosecuted under the Florida Deceptive and Unfair Trade Practices Act (also known as “FDUTPA”). FDUTPA is a powerful statute that protects both consumers. However, many people are unaware that the Florida Deceptive and Unfair Trade Practices Act also offers significant protection to businesses.
The FDUPTA statute prohibits businesses from engaging in unfair methods of competition, unconscionable business practices, unfair business practices or false advertising that would tend to deceive confuse or mislead, while conducting commerce. Although the statute is intended as a check against the conduct of business entities when dealing with customers, businesses also have standing to bring FDUTPA claims when they have been deceived by other businesses or are acting in a capacity of customer.
Proving a Claim Under Florida Deceptive and Unfair Trade Practices Act (FDUPTA)
- Deceptive act or unfair practice.
- Actual Damages.
Award of Attorney Fees Under the Florida Deceptive and Unfair Trade Practices Act
Florida Deceptive and Unfair Trade Practices Act (FDUTPA) may be a particularly useful claim because like the civil use of the Federal Trade Commission Laws (“Little FTC Laws”) the Florida statute provides for an award of attorney’s fees to the prevailing party. However, damages, fees, or costs are not recoverable against a retailer who has, in good faith, engaged in spreading the claims of a manufacturer or wholesaler without actual knowledge that the manufacturer or wholesaler violated the act.
What is Causation Under the Florida Deceptive and Unfair Trade Practices Act?
Causation means the damage is a result of the deceptive practice, unconscionable act, misleading or unfair trade. For example, a drop in sales alone is not enough to show causation. A nexus or link to the wrongdoing must be shown.
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