What Is the Florida Deceptive and Unfair Trade Practices Act?

The law reaches broadly. Trade or commerce includes advertising, soliciting, providing, offering or distributing any good, service or property, and it includes nonprofit activity. A consumer under the act includes individuals and also businesses, corporations, partnerships, estates and trusts. In applying the act, great weight is given to interpretations of the Federal Trade Commission and the federal courts under the federal unfair practices law as of July 1, 2017.

Private remedies are available. Anyone aggrieved by a violation may seek a declaratory judgment and an injunction. A person who has suffered a loss may recover actual damages plus fees and costs, though not against a retailer who in good faith passed along a manufacturer's or wholesaler's claims without knowing they violated the act. A court may require a bond from a plaintiff whose action is challenged as frivolous.

Fee shifting works in both directions. After judgment and any appeals, the prevailing party may receive reasonable attorney's fees and costs from the nonprevailing party.

The enforcing authority is the state attorney for violations within a judicial circuit, or the Department of Legal Affairs when a violation affects more than one circuit or in certain other cases. Willful violations carry a civil penalty of up to $10,000 each, subject to exceptions. Some activity is excluded, such as acts required or specifically permitted by law and personal injury claims. Fee rules in other cases are covered in attorney fee recovery in Florida lawsuits.