A willful violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) may occur when a person knew or should have known that the conduct they engaged in during the course of any trade or commerce was unfair, deceptive, or prohibited by the Act. Any person or entity that willfully used a method, act, or practice declared unlawful under the Act, is liable for a civil penalty, and the fines for violations of FDUTPA are increased if the defendant targets a senior citizen or a handicapped person. Additionally, anyone affected by a violation of the FDUTPA may bring an action to obtain a declaratory judgment or to seek an injunction. The purpose of the Act is to afford both equitable and legal remedies to consumers who are wronged parties or sustained actual losses because of a violation of the Act. Further, the plaintiff may bring a cause of action under the Act to seek recovery for actual damages, attorney's fees, and court costs. Generally, the measure of actual damages under the Act is the difference in the market value of the product or service in the condition in which it was delivered, and its market value in the condition in which it should have been delivered according to the contract of the parties. However, an exception to the rule may exist when the product or service loses its value completely as a result of the defect. Therefore, the purchase price then becomes the appropriate measure of actual damages. However, a plaintiff seeking damages may not recover for consequential damages, such as repair damages or resale damages. Moreover, a plaintiff cannot recover damages, fees, or costs from a retailer who has acted in good faith, engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that it violated the Act.

A cause of action under Florida's Deceptive and Unfair Trade Practices Act can be a complex cause of action. Therefore, if you believe you have a claim under the Act, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.