Understanding Florida Deceptive Unfair Trade Practices Act (FDUTPA)

Florida Deceptive Unfair Trade Practices Act (FDUTPA)

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) as found in Florida Statutes 501.201-501.213 protects consumers and competing businesses from anyone who engages in unfair methods of competition or deceptive practice in any trade or commerce. Such trades may include

• 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

False and misleading tactics from these industries may be designed to trick a customer into paying more for goods and services than was advertised, or into paying for goods and services that they never received.

FDUTPA was designed to encompass a broad spectrum of deceptive and unfair conduct such as the following

• “Bait And Switch” or Other False or Misleading Advertising
• Misrepresenting Used Goods as New
• Falsely Claiming that a Vehicle or Product is in Need of Repair or Replacement
• Slipping 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 Gouging After a Hurricane, Flood or During a State Of Emergency
• Salespeople Misrepresenting their Authority to Negotiate Terms or Close a Sale

The statute of limitation for bringing a FDUTPA claim is four (4) years from the date of the event giving rise to the FDUTPA claim. If you believe that there has been a violation of FDUTPA, contact the trial attorneys at Bernhardt Riley to help evaluate your potential claim.