Under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA or the Act), unfair and deceptive acts or practices in the course of any trade or commerce are unlawful. A West Palm Beach general injury lawyer specializing in unfair trade practices will advise a plaintiff that no specific rule or regulatory violation is needed for conduct to constitute a deceptive or unfair practice under the Act. However, a plaintiff must plead not only that the wrongful conduct complained of was unfair and deceptive, but also that he or she was aggrieved by the unfair and deceptive act. For example, an automobile dealership's practice of bait and switch, in which the dealership presented a transaction that represented the sale of an automobile when in fact, it was a lease transaction, was a violation of the Act.

On the other hand, a claim for a violation of an unfair trade practice may not constitute a violation, if it is specifically excluded from the Act pursuant to Florida Statute § 501.212. Additionally, conduct that is specifically permitted by federal or state law does not constitute a violation pursuant to the Act. 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. Furthermore, a plaintiff cannot recover consequential damages, such as repair damages or resale damages, nor may a plaintiff recover nominal damages, speculative losses, or compensation for subjective feelings of disappointment.

Determining whether a particular practice or act constitutes an unfair or deceptive trade practice is a question of fact for a trier of fact. Therefore, a claim of "deceptive and deceitful conduct" in violation of the Act should be based on allegations that have supporting facts proving that the defendant violated standards of unfairness and deception set forth and interpreted by the Federal Trade Commission or the federal courts.

A cause of action under Florida's Deceptive and Unfair Trade Practices Act may have many complex issues. Therefore, you should consult an experienced West Palm Beach general injury lawyer specializing in unfair trade practices, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.