Florida Deceptive and Unfair Trade Practices Act (FDUTPA) Claim

Florida's Deceptive and Unfair Trade Practices Act (FDUTPA) was passed by the Florida Legislature in 1973. FDUTPA provides claimants remedies to unfair, deceptive, and unconscionable acts or practices.

Courts have held that FDUTPA “is designed to protect not only the rights of litigants, but also the rights of the consuming public at large.” FDUTPA broadly defines the term “consumer” to mean an individual; child, by and through its parent or legal guardian; business; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; any commercial entity, however denominated; or any other group or combination. Fla. Stat. § 501.203(7). In order to apply FDUTPA, a consumer must suffer an injury while participating in either trade or commerce. FDUTPA defines “trade or commerce” to mean the advertising, soliciting, providing, offering, or distributing, whether by sale, rental, or otherwise, of any good or service, or any property, whether tangible or intangible, or any other article, commodity, or thing of value, wherever situated. Fla. Stat. § 501.203(8).

A consumer claim for damages under FDUTPA has three elements: (1) a deceptive act or unfair practice; (2) causation; and (3) actual damages.” Additionally, a plaintiff must show that it has suffered actual damages proximately caused by the unlawful conduct.

Whether you are defending a FDUTPA claim or have a claim to bring in court, Rashkin Law has extensive experience litigating FDUTPA claims, representing both plaintiffs and defendants.