An FDUPTA claim usually arises when a person or entity engages in deceptive or unfair trade practice while conducting trade or commerce. More specifically, Fla. Stat. 501.202(2) states:
“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.
However, the statute does not define what “unfair practice” means? Some courts have defined “unfair” to be “one that ‘offends established public policy’ and one that is ‘immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers.’ ” Samuels v. King Motor Co. of Boca Raton, 782 So.2d 489, 499 (Fla. 4th DCA 2001) (quoting Spiegel, Inc. v. Fed. Trade Comm’n, 540 F.2d 287, 293 (7th Cir.1976)).
The statute also does not define what is a “deceptive practice”. Some courts have defined “a deceptive practice” as an act “likely to mislead” consumers. Davis v. Powertel, Inc., 776 So.2d 971, 974 (Fla. 1st DCA 2000).
In order to bring an FDUPTA claim, 1) a party must be able to show that a person or entity has committed a deceptive or unfair act while conducting trade or commerce; 2) that the deceptive or unfair act is the cause of the party’s injury or damages and 3) prove the amount of actual damages suffered by the party.
If you think someone has committed an unfair or deceptive act while engaging in trade or commerce, your first call should be to The Campbell Law Group to learn about your rights and possible remedies. Give us a call today to set up a consultation.