Florida has established laws and regulations to safeguard businesses and consumers from dishonest or unethical practices. These protections ensure that companies can operate with transparency and integrity without the fear of fraud or unfair competition.
These laws include the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), which is designed to protect consumers and businesses from deceptive or unfair commercial practices. The FDUTPA prohibits companies from engaging in a broad range of unfair or deceptive acts, such as false advertising, fraud, and misrepresentation.
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 term “unfair practice” is not specifically defined in the statute. Some courts have interpreted it to mean a practice that goes against established public policy and is morally, ethically, or substantially injurious to consumers. In Samuels v. King Motor Co. of Boca Raton, the court defined “unfair” as one that is “immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers,” citing Spiegel, Inc. v. Fed. Trade Comm’n.
Nor does it define what is a “deceptive practice” according to some courts, an act can be considered deceptive if it is likely to mislead consumers. This was established in the case of Davis v. Powertel, Inc., where the court defined deceptive practices as such.
As you may have noticed, cases involving unfair and deceptive trade practices can be complex and difficult to navigate, underscoring the importance of engaging a skilled and experienced attorney.
FDUPTA claims can be complex and challenging, so hiring an experienced attorney who can help you navigate the legal process is essential. To bring an FDUPTA claim, you need to demonstrate the following:
Florida businesses can defend themselves against FDUPTA claims through several strategies:
If you believe that you have been a victim of an unfair or deceptive trade practice, it is crucial to contact an experienced attorney who can guide you through the legal process. At The Campbell Law Group, our attorneys have a deep understanding of FDUPTA claims and can help you build a strong case. We will work tirelessly to investigate your claim, gather evidence, and negotiate with the opposing party to ensure you receive the compensation you deserve.
Contact us today to schedule a consultation and learn how we can assist you with your FDUPTA claim.
If you are dealing with an unfair or deceptive trade practices case in Florida, an attorney can provide invaluable assistance in several ways:
In Florida, victims of unfair or deceptive trade practices can recover various types of damages, depending on the specifics of the case. Some of the common damages that can be recovered include:
It’s worth noting that the specific damages available in an unfair or deceptive trade practices case can vary depending on the facts of the case and the specific laws involved.
In Florida, the statute of limitations for filing an unfair or deceptive trade practices claim varies depending on the specific law that has been violated. For example:
It’s important to note that other laws or regulations may apply to your situation, and the statute of limitations may differ for those claims. It’s always best to consult with an experienced attorney who can advise you on the specific statute of limitations that applies to your case.
In any case, it’s generally advisable to file a claim as soon as possible after discovering an unfair or deceptive trade practice. Delays can make gathering evidence and pursuing a successful claim more difficult.
If you suspect that a business has engaged in unfair or deceptive trade practices in Florida, there are several steps you can take:
It’s important to act quickly if you suspect a business has engaged in unfair or deceptive trade practices. The longer you wait, the harder it may be to gather evidence and pursue a successful claim.
If you are a business owner — no matter the size of your business — you likely have the need for regular and ongoing legal services.
The Campbell Law Group P.A.
Focuses its practice on corporate and family law matters.
While representing clients whether in civil, corporate or family law matters, our company’s primary goal is first to help clients minimize the need for unnecessary litigation and conflict where possible. If litigation is necessary, our company is more than capable of representing you or your business’ interest and helping you achieve a fair outcome, while guiding you, your family and your company through the difficulties involved in litigation.
Corporate and Family Law Attorney and
Collaborative Family Law Attorney
Hofstra University Maurice A. Deane School of Law – Hempstead, New York Juris Doctorate (2007)
Florida International University – Miami, Florida – Bachelor of Arts in Political Science (1998)
Florida Bar (2009)
United States District Court for the Southern District (2013), Middle (2015) and Northern Districts of Florida (2018)
United States Bankruptcy Court for the Middle and Southern Districts of Florida (2015)
Member of the Collaborative Family Law Institute, Inc. (2017)
Regina is the Managing Partner of The Campbell Law Group based in Coral Gables, Florida. She is recognized for her unique insight, resourceful problem-solving skills and understanding of how legal issues affect people and companies differently.
One of Regina’s biggest passions is litigation. Regina and The Campbell Law Group PA have seen a great deal of success in prosecuting and litigating business fraud and ponzi schemes, tortious interference with a business relationship cases, non-compete cases, shareholder actions, complex divorce and post-divorce actions, especially cases with recalcitrant parties with a talent at hiding assets and/or avoiding support obligations amongst others causes of action.
Regina is fluent in both English and Spanish and has assisted businesses and families from over twenty countries with their business and family legal needs.