Florida Deceptive and Unfair Trade Practices

In Florida, we have what is known as the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) to protect consumers. Consumers are those who purchase a good or service for personal use, not commercial. FDUTPA protects consumers in Florida from “unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.”

A violation of one consumer law is likely a violation of this law. There are times when consumers find themselves having been wronged after a purchase of a good, whether a motor vehicle or automobile, a construction service or any other household or personal good or service such as a credit card.

FDUTPA provides a private right of action, or what is a private citizen’s right to use this law to sue the wrongdoing party for damages. A claim under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) requires (1) an unfair or deceptive trade practice, (2) causation, and (3) actual damages. See Rollins, Inc. v. Butland, 952 So. 2d 860, 869 (Fla. 2d DCA 2006). In addition, this consumer protection statute provides for the recovery of attorney’s fees and court costs upon prevailing on a FDUTPA claim. A person who is willfully used a method, act, or practice in violation of FDUTPA that victimizes or attempts to victimize a senior citizen or a person who has a disability is liable for a civil penalty of not more than $15,000 for each such violation if she or he knew or should have known that her or his conduct was unfair or deceptive.

For a car or automobile dealer, a certified letter return receipt requested must be sent 30 days prior to filing a lawsuit pursuant to FDUTPA. This letter must describe to the dealer the nature of the claim, the amount of damages being sought, and provide a description of the claimant (likely the purchaser of the automobile).

Consumers are often outsized by the corporations that systematically inflict damages on consumers. This is also why we have the right to a jury trial for damages under the Seventh Amendment of the Unites States Constitution. If you are a consumer, a consumer with a disability, or a senior citizen consumer, please do not hesitate to seek representation with Riley Law Group if you feel you have a FDUTPA claim. At Riley Law Group, we strive to level the playing field. We strive to obtain justice for consumers who have been victimized and damaged from those who violate consumers laws that were passed to protect them.

If you have any questions about FDUTPA claims or consumer laws, please contact Riley Law Group.