Florida Deceptive and Unfair Trade Practices (FDUTPA)
FDUTPA (Chapter 501, Section 501.204): unlawful to engage in unfair/deceptive acts in trade/commerce. Scope: all consumer transactions. Enforcement: private action, AG, and state attorneys. Remedies: actual damages, declaratory/injunctive relief, attorney fees (Section 501.2105), and class actions. No punitive damages. AG: $10K/violation civil penalty. Deceptive: false advertising, bait and switch, failure to disclose, unfair billing, and misrepresentation. FTC guidance persuasive.
Scope
- All consumer transactions
- Goods, services, RE, financial
Remedies
- Actual damages, injunction
- Attorney fees (Section 501.2105)
- Class actions, AG penalties
Deceptive Practices
- False advertising, bait/switch
- Non-disclosure, misrepresentation
Related Terms
- Unconscionability — Contract fairness
Barnes Walker Business 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