The Florida Deceptive and Unfair Trade Practices Act (FDUTPA), establishes that unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful.  In construing the FDUTPA provision, due consideration and great weight is given to the interpretations of the Federal Trade Commission and the federal courts relating to the analogous provision of the Federal Trade Commission Act that declares unlawful any unfair or deceptive methods of competition, acts, or practices in or affecting commerce.

A willful violation of the FDUTPA, may occur when the defendant knew or should have known that the conduct 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.   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.

An aggrieved party seeking recovery for actual damages, attorney's fees, and costs should consult an experienced West Palm Beach general injury lawyer specializing in a cause of action under the Florida Deceptive and Unfair Trade Practices Act.  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. 

Additionally, aggrieved parties may bring a class action under the Act since the plaintiffs do not need to prove justifiable reliance to establish a claim. Thus, the individual claims would not differ regarding reliance, and the class litigation would not be foreclosed.  Additionally, a class action for declaratory and injunctive relief does not require an allegation the unlawful conduct would cause continuing harm to consumers who are included within the class.  

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.

Library for Unlawful Acts and Practices in Violation of Florida's Deceptive and Unfair Trade Practices Act:

• Determining whether conduct violates Florida's Deceptive and Unfair Trade Practices Act
  Description: West Palm Beach general injury lawyer | specializing in unfair trade practices, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
• Unlawful Acts and Practices that violate Florida's Deceptive and Unfair Trade Practices Act
  Description: West Palm Beach General Injury Lawyer | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

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