Understanding 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 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.