Common Unfair and Deceptive Trade Practices in Florida: and Fighting Back. Part II

In part one, this article series introduced readers to several key aspects of Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”). The Act is designed to guard people and businesses from those using unfair, deceptive, or unconscionable practices.

In part two of this series we now discuss ways that people and businesses might fight back against those unfair practices. For formal legal advice and experienced counsel in your own specific case, contact an experienced business litigation attorney with Suncoast Civil Law.

Fighting Back

There are several ways you can protect yourself if you believe you are dealing with a business or other individual that is violating terms of the FDUTPA. Some actions you might take include:

• Keep a copy of the advertisement, brochure, webpage, etc. that made the problematic representation.
• Document the item that you actually received compared to the item that was advertised.
• Find a way to reliably assess the difference in value of what you paid for vs what you received.
• Consult with a business litigation attorney early on in order to help you assess whether the facts support a FDUTPA claim. It is important to remember that other remedies (such as fraud or breach of contract) may be viable avenues to pursue as well.

Hidden Fees and Undisclosed Charges

Review any contract, agreement or invoice you receive carefully for fine print disclosures or any ambiguous renewal terms. Keep copies of all important documentation, including what the business said to you when you signed up or paid for their goods or services. A business telling you that they “forgot” to tell you about a fee that they charge to “everybody” is not valid. You signed a contract. The agreement of what you would pay and what the other party would provide should have resided within the four corners of the contract. If it is not in the contract – the presumption is you did not agree to it.

If you think of it another way, if you tried to assess a new fee on the business for something not in the contract, would you expect them to pay you?

Track the payments that are taken and be mindful of what you actually agreed to pay. If you think you were charged incorrectly, you can send the entity a written demand for a refund. Sometimes, stating that you are considering pursuing a claim is enough for a business to refund you. An experienced attorney can help you assess your case and help determine whether your damages warrant a claim.

Warranty Misrepresentation or Failure to Honor Warranties

It is important to retain your warranty, in order to establish what was promised to you. Retain any correspondence or documentation that shows your attempts to enforce and warranty and the business’s response to those attempts. Be prepared to show documentation of your losses that result from the business’s failure to honor the warranty. This might include bills for repairs, new item purchase costs, loss of value in the sale of the item at issue, etc.

Bait and Switch

Keep the original advertisement that shows the promised price or offer. And document what was told to you when you arrived, including claims that the advertised item was no longer available.

You can ask for the business’s alternatives, in writing, in order to establish documentation of where the business steered you after the sought after item was not available.

Unfair practices in business-to-business competition

Monitor your regular marketplace and keep note of competitors that make misleading claims. Remember to keep documentation. Reach out to an experienced attorney to assess your case if you can quantify lost revenues, customers, or other business harm that was a result of the competitor’s conduct.

Contact Suncoast Civil Law

If you believe you have experienced one of these unfair or deceptive trade practices it is important to act quickly. Consulting with legal counsel early on can help you to protect your interests and pursue the compensation you could be entitled to. Consult with an experienced Sarasota business litigation attorney at Suncoast Civil Law on the details of your own case today.

Sources:

insurancebusinessmag.com/us/news/legal-insights/geico-accuses-florida-clinics-of-orchestrating-1-3-million-pip-fraud-scheme-556449.aspx

/floridaphoenix.com/2025/11/07/uthmeier-files-354-million-lawsuit-against-planned-parenthood-for-alleged-racketeering-deception/