Florida's Deceptive and Unfair Trade Practices Act
Consumer Rights Consumer Protection Lawsuit & Dispute Class Action
Summary: Summary of FDUTPA, its application, remedies, what and who it protects
Florida’s Deceptive and
Unfair Trade Practices Act. Frequently
asked questions
Q: Are consumers and businesses protected from frivolous and
deceptive actions by businesses?
Yes. You can find it
at Fla. Stat. Sec. 501.201 et. seq. This set of statutes allows affected
consumers to sue for violation of plethora of wrongs, including, but not
limited to, unfair competition, competition exclusion, antitrust violations,
bait-and-switch scams, and consumer law violations.
Fla. Stat. §
501.204. (titled unlawful acts and practices), states:
(1) Unfair methods of competition,
unconscionable acts or practices, and unfair or deceptive acts or practices in
the conduct of any trade or commerce are hereby declared unlawful.
(2) It is the intent of the
Legislature that, in construing subsection (1), due consideration and great
weight shall be given to the interpretations of the Federal Trade Commission
and the federal courts relating to s. 5(a)(1) of the Federal Trade Commission
Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2006.
Click here to have an attorney from Feldman Fox &
Morgado review the basic facts of your case; we will not charge you for this. Feldman Fox & Morgado, a Florida law firm
with offices in Tampa, Ocala, Naples and Miami, we can assist you with any transaction
or contract action in which you have been scammed, defrauded or deceived. Contact the attorneys at the Tampa Bay law
firm of Feldman Fox & Morgado, attorneys who specialize in high-dollar consumer
fraud actions under the FDUTPA.
Who may sue as a
“consumer” under the Florida Unfair Trade Practices Act?
Almost anyone. Florida
Statute Sec. 501.203 defines a “consumer” as “an individual; child, by and
through its parent or legal guardian; business; firm; association; joint
venture; partnership; estate; trust; business trust; syndicate; fiduciary;
corporation; any commercial entity, however denominated; or any other group or
combination”
Click here to have an attorney from Feldman Fox &
Morgado review the basic facts of your case; we will not charge you for
this.
What am I entitled to
under the Florida Unfair Trade Practices Act?
If you are a consumer and a business has engaged in unfair
methods of competition or been deceptive in its business practices you likely
can sue for damages. Damages can range,
but may include injunctive relief to prevent and retrain violation, general
damages, treble damages, lost profits, attorney’s fees, and court costs.
Feldman Fox & Morgado can investigate and litigate your
unfair trade practices allegation. If
you feel you have a case, please email us a short plain statement of the
relevant facts in your case here.
There is no charge to have us review this statement of relevant facts.
When can I pierce the
corporate veil?
Directors, corporate shareholders, and officers who defraud
may individuals or business may have the corporate shield pierced and become
personally liable.
A Florida Court will look to three main things when deciding
if the corporate veil should be pierced.
1. Was the corporation used as an alter ego
(or mere instrument) used for the shareholders’ personal benefit?
2. Was the person seeking to pierce the
veil damaged by the actors conduct?
3. Can the piercing party demonstrate
improper conduct by the corporation?
Plaintiffs
will want to focus on any injustice or fraud that has been perpetrated by
corporate actors. Courts will be more
apt to pierce the corporate veil when fraud can be shown.
Once the
corporate veil is pierced, the actors become personally liable. Thus, both the corporation’s assets and
corporate actor’s assets may be garnished, attached, and subject to
judgment.
A plaintiff
must demonstrate adequate grounds to pierce the corporate veil by a
“preponderance of the evidence.”
Similarly, parent corporations cannot hide behind its subsidiaries
when the subsidiary is a mere instrumentality of the parent corporation. Three common examples are:
1. Defrauding creditors out of money by
creating subsidiaries to hold the contracts is the most common example of such
fraud;
2. The parent company purposefully
undercapitalizing a subsidiary; and/or
3. The parent company controlling its
subsidiary where the subsidiary essentially has not “real” corporate interest
but that of its parent.