What counts as a deceptive or unfair practice
Florida's Deceptive and Unfair Trade Practices Act, known as FDUTPA, declares unlawful "unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce" (Fla. Stat. § 501.204). It reaches almost any business that advertises or sells goods or services, including nonprofits. Situations that often raise FDUTPA questions:
- False or misleading claims about what a product or service is, what it does, or what it includes.
- Hidden fees and surprise charges: a quoted or advertised price that turns out not to be the real price.
- Bait and switch: advertising one deal to get you in the door, then pushing a different, worse one.
- Charges you never agreed to, including subscriptions or "memberships" that keep billing after you cancel.
- Misrepresenting a warranty, a guarantee, or your right to cancel.
- Car dealer tricks, which Florida law addresses with its own list of banned practices. See car dealer fraud.
A violation can also be based on Federal Trade Commission rules and standards, or on any other law that prohibits unfair or deceptive practices (§ 501.203(3)). That is why one bad transaction can involve more than one law.
What FDUTPA doesn't cover
Not every bad experience with a business is a FDUTPA case. A simple disagreement over quality, or a contract dispute with no unfair or deceptive practice behind it, may not qualify. The law also has exemptions (§ 501.212), including:
- Banks, credit unions, and savings and loan associations. Problems with them are often covered by other laws instead, like the Electronic Fund Transfer Act.
- Insurance companies and activities regulated by Florida's Office of Insurance Regulation.
- Utilities regulated by the Public Service Commission.
- Conduct that another law specifically requires or permits.
FDUTPA also doesn't cover claims for personal injury or for damage to property other than the property you bought.
What you can recover
A consumer who has suffered a loss can recover actual damages (§ 501.211(2)). Florida courts, including the appeals court that covers Tampa, generally measure them as the difference between the value of what you were promised and the value of what you actually got. Anyone harmed by a deceptive practice can also ask a court to declare it unlawful and order it stopped (§ 501.211(1)).
The state can seek civil penalties of up to $10,000 per violation, and up to $15,000 when the victim is a senior, a person with a disability, or a military servicemember or family member. Those penalties go to the state, not to you, but you can also report a business to the Florida Attorney General.
When a business did it to everyone
Deceptive practices often aren't one-offs. When a company uses the same misleading ad, the same hidden fee, or the same billing practice on many customers, a class action can let one or a few consumers sue on behalf of everyone affected. Class certification isn't automatic, but when the facts fit, it can turn a small individual loss into a case worth bringing. I look at every FDUTPA inquiry with that in mind.
How long you have
A FDUTPA claim generally must be filed within four years (Fla. Stat. § 95.11(3)(e)). Florida courts have held that the clock generally runs from the violation itself, not from when you discovered it, so don't wait. Claims against car dealers also have a 30-day pre-suit letter requirement in many cases.
What to do right now
- Save the promise. Screenshot the ad, the listing, the quote, the website, or the text message that told you what you were getting and for how much.
- Keep the paper. Contracts, receipts, invoices, bank or card statements, and every e-mail and text.
- Write down what was said in person or on the phone, with dates and names, while you still remember.
- Don't sign a release or accept a "goodwill" credit that makes you give up your claims before getting advice.
- If you paid by credit card, consider a written billing dispute with the card issuer within 60 days of the statement. See the dispute guide for how card disputes differ from debit.
How fees work
You don't pay me unless you win. I take these cases on contingency: no attorney's fees and no case costs owed to me unless you recover money. If a case is lost, a court can sometimes order the losing side to pay the other side's court costs, and some Florida laws, including the security deposit and deceptive practices statutes, also let the winner recover attorney's fees from the loser. I explain that risk before anything is filed, and every term is in a written agreement before you sign.
Under FDUTPA specifically, the court may award reasonable attorney's fees to whichever side wins, after judgment and any appeals (§ 501.2105). That can help a consumer who wins, and it is a risk for one who loses, so every case gets a careful look before anything is filed.