Understanding Florida’s Deceptive and Unfair Trade Practices Law (FDUTPA)
Florida has a consumer-protection law commonly referred to as “FDUTPA.” It is often discussed in disputes involving allegations of unfair competition or deceptive conduct in business transactions.
Questions people commonly ask in FDUTPA-type matters include:
- Was a consumer or business misled by advertising, sales statements, or billing practices?
- Did the marketing or pricing create a false impression about what was being sold?
- Were fees or add-ons included that were not clearly disclosed up front?
- Did the customer receive something different than what was promised or paid for?
- Did a business use high-pressure tactics or misrepresent its authority to “approve” terms?
These disputes can arise across many industries, including:
- Automotive sales and service centers
- Exterminators
- Sellers of travel packages
- Resellers of timeshares
- Sellers and installers of flooring
- Sellers of prepaid calling cards
- For-profit schools
- Data security firms
Examples of allegations that are often described as “deceptive” or “unfair” include:
- “Bait and switch” advertising or other misleading promotions
- Misrepresenting used goods as new
- Claiming a vehicle or product needs repairs or replacement when it does not
- Sliding improper or undisclosed fees into a bill or contract
- Adding unauthorized charges onto a phone bill
- Delivering goods that were not ordered and billing unless the customer declines
- Price spikes after major storms or during emergencies
- Salespeople misrepresenting their authority to negotiate terms or close a sale
Because deadlines and available remedies can depend heavily on the facts, a key question is: how much time do you have to act based on the specific conduct and the type of damages involved?
If you believe you may have been impacted by deceptive or unfair business conduct, contact the trial attorneys at Bernhardt Riley, Attorneys at Law, PLLC to discuss what happened and evaluate potential next steps. Call us at (727) 275-9575 or fill out our online contact form.
Frequently Asked Questions About FDUTPA
What is FDUTPA?
FDUTPA is the Florida Deceptive and Unfair Trade Practices Act (Chapter 501, Part II, Florida Statutes). It is Florida’s primary consumer protection statute addressing unfair methods of competition, unconscionable acts, and deceptive acts or practices in the conduct of trade or commerce.
Who can bring a FDUTPA claim in Florida?
Both consumers and businesses may pursue FDUTPA claims depending on the conduct alleged and the damages claimed. Specific facts control what remedies may apply.
What remedies are available under FDUTPA?
Depending on the facts, a FDUTPA claim may seek actual damages, declaratory relief, injunctive relief, and — in some circumstances — attorney’s fees.
How long do I have to bring a FDUTPA claim?
Time limits depend on the claim type and underlying conduct. Because limitations issues can be fact-specific, early consultation with an attorney is important.