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Deceptive and Unfair Trade Practices


Deceptive and Unfair Trade Practices

Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) is intended to “protect the consuming public and legitimate business enterprises from those who engage in unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce.”  A deceptive practice is one that is “likely to mislead” consumers. An unfair practice is “one that ‘offends established public policy’ and one that is ‘immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers.'”

Under Florida’s statute, anyone who suffers as a result of another’s deceptive, unconscionable and/or unfair business practices may bring an action to obtain:

  1. a declaration from the court that the act or practice you are being harmed by is a violation of the statute,
  2. an order to force that person to stop their unlawful act(s), and
  3. an order for your actual damages, plus attorney’s fees and court costs.

While Florida’s statue does not specify actions or conduct which violate the law, it does by reference include any acts declared unlawful by the Federal Trade Commission, which includes false advertising, false labels on products, car buying practices, ID theft, internet and telemarketing scams, and more.

Federal Trade Commission Investigations

For decades, the Federal Trade Commission (FTC) has pursued cases involving allegations of illegal marketing, lending, servicing, and collection practices in the marketplace through enforcement actions and litigation. Our attorney have extensive experience in responding to civil investigative demands (CIDs) and defending clients in enforcement actions and litigation initiated by the FTC. We defend companies in FTC investigations involving allegations of unfair and deceptive acts or practices, unfair debt collection practices, illegal lending and credit reporting practices, violations of consumer privacy rights, and failure to maintain security for sensitive consumer information.

Call the Law Office of Nnamdi S. Jackson today for a free consultation.