Common Unfair and Deceptive Trade Practices in Florida: and Fighting Back. Part I
Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) offers protections to both Florida businesses and Florida consumers alike. The Act is designed to guard the public and legitimate enterprises from businesses who engage in unfair, deceptive, or unconscionable practices. This act serves an important purpose, as many business transactions present risks of unfair or deceptive behavior.
This two-part article series will introduce readers to key aspects of the Florida law. We will then walk readers through several real-life examples of how unfair or deceptive practices can trigger FDUTPA claims. In part two we will discuss ways to fight back against these unfair practices. For formal legal advice and counsel on your own specific circumstances contact an experienced business litigation attorney with Suncoast Civil Law.
What the law requires
Under Florida law, a party may bring a claim under FDUTPA by showing three elements:
- There was a deceptive act or unfair practice in the conduct of trade or commerce.
- The act or practice caused the claimant to suffer actual damages.
- The damages were caused by the unfair or deceptive practice.
The law defines unfair practices to include acts that offend public policy, are immoral, unethical, oppressive or unscrupulous, or cause substantial injury to consumers or other businesses which cannot reasonably be avoided. Intention to use deceptive practices is not strictly required under FDUTPA. This means that even negligent misrepresentations may still give rise to liability under the law.
With that framework in mind, let’s discuss some practices that regularly trigger FDUTPA claims.
False or misleading advertising
One of the most frequently used forms of deceptive practice under Florida law occurs when a business advertises a product or service using statements that are false, misleading or omit material information. For example, advertising that a product “performs like new” when it has major defects, or claiming a service includes certain benefits that are never delivered, could fit this category.
From the consumer’s perspective the key issue is whether a reasonable consumer acting under the same circumstances would be misled by the representation.
Bait-and-Switch
Another common unfair practice is the bait-and-switch. Here, essentially, a business advertises a product or service at a low price or uses other attractive terms to draw customers in. However, at the end of the day the advertised item is unavailable or misrepresented and business then pushes a more expensive alternative.
Hidden Fees and Undisclosed Charges
Many unfair practices involve the imposition of hidden fees, automatic renewals without clear disclosure, or other charges that the consumer did not reasonably expect. For example a membership that automatically renews and charges a payment without explicit notice or consent, or a service contract that hides major add-on costs in fine print. These practices can give rise to FDUTPA claims in Florida.
Warranty Misrepresentation or Failure to Honor Warranties
When a business promises a warranty but then fails to deliver the promise, or otherwise misrepresents the warranty, that may qualify as a deceptive trade practice under Florida law. For example, saying the product warranty covers removal of defects when it does not.
Contact Suncoast Civil Law
If you believe you have experienced unfair or deceptive trade practices in Florida it is important to act promptly. Consulting with legal counsel early on may help you to protect your interests and pursue the compensation to which you may be entitled. Consult an experienced Sarasota business litigation attorney with Suncoast Civil Law today.
Sources:
law.cornell.edu/uscode/text/15/45
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/0501PARTIIContentsIndex.html