Unconscionable Contracts and FL Consumer Protection
FL FDUTPA (Section 501.204(1)): unconscionable acts in trade/commerce unlawful. Broader than common law: focuses on overall fairness, not just terms. Does NOT require both procedural + substantive. Remedies: actual damages, declaratory, injunction, attorney fees (Section 501.2105: makes small claims viable), and class actions. FL AG also enforces. Interacts with: Lemon Law (681), Landlord-Tenant (83), Insurance (627), and federal (TILA, ECOA, FDCPA).
FDUTPA Standard
- Unconscionable acts unlawful
- Broader than common law
- Overall fairness focus
Remedies
- Damages, declaratory, injunction
- Attorney fees (Section 501.2105)
- Class actions
Other Protections
- Lemon Law, Landlord-Tenant
- Insurance Code, federal
- FDUTPA = catch-all
Related Terms
- Unconscionability — Doctrine
Barnes Walker Consumer Law
Barnes Walker’s attorneys handle FDUTPA claims in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC