CopyCited 447 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 2140
...s and then went on to further add a
27% profit on top of its fraudulent costs.”
9
Equity sought damages under Florida common law for fraud in the inducement and
under the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201, et seq.
8
instead, that “costs” clearly referred to prices the contract fixed for the large units,
$4,600, and for the small and final cleanup units, $1,650....
...Florida Mowing had fraudulently induced Equity to enter into the contract at issue.
The third new claim was for fraud but did no more than reiterate Equity’s previous
claims for fraud in the inducement and violations of Florida Deceptive and Unfair
Trade Practices Act, Fla. Stat. § 501.201, et....
CopyCited 304 times | Published | Court of Appeals for the Eleventh Circuit | 46 Fed. R. Serv. 3d 73, 2000 U.S. App. LEXIS 2789, 2000 WL 217490
...alone or in combination with the damages claims, can establish the jurisdictional amount in controversy. B. ATTORNEY FEES On behalf of the class, Cohen brought claims under Florida statutes that prohibit deceptive business practices, see Fla. Stat. § 501.201 et seq., and misleading advertising, see Fla....
CopyCited 125 times | Published | Court of Appeals for the Eleventh Circuit | 1994 WL 62756
Deceptive and Unfair Trade Practices Act, Section 501.-201, et seq., Florida Statutes (1989), against
CopyCited 123 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 27766, 2005 WL 3445533
...(Terminix), and two of its employees in the Circuit Court for
Hillsborough County, Florida. The 131-count, 246-page, 937-paragraph state-
court complaint accused Terminix of numerous violations of the Florida Deceptive
and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.201 et seq.; criminal
racketeering (i.e., Florida RICO), Fla....
CopyCited 121 times | Published | Court of Appeals for the Eleventh Circuit | 94 Fed. R. Serv. 3d 957, 2016 U.S. App. LEXIS 8962, 2016 WL 2870025
... Case: 15-14442 Date Filed: 05/17/2016 Page: 2 of 22
proffered by Plaintiffs-Appellees Geri Siano Carriuolo and Peter Bracchi in their
action brought pursuant to the Florida Deceptive and Unfair Trade Practices Act
(“FDUTPA”), Fla. Stat. § 501.201, et seq....
...NHTSA announced on August 6,
2014, that the CTS earned a five-star rating for five of the six safety categories, but
earned a four-star rating for risk of injury to the passenger from a frontal crash.
In this action, plaintiffs claimed violations of FDUTPA, Fla. Stat. § 501.201,
et seq., and the Tennessee Consumer Protection Act, Tenn....
CopyCited 110 times | Published | Court of Appeals for the Eleventh Circuit | 15 U.S.P.Q. 2d (BNA) 1282, 16 Fed. R. Serv. 3d 1441, 1990 U.S. App. LEXIS 10077, 1990 WL 75074
...MGB alleged copyright infringement in violation of the Copyright Act of 1976, 17 U.S.C. § 501 , et seq., and violations of the Florida common law of unfair competition and the Florida Deceptive and Unfair Trade Practices Act (DTPA), Fla.Stat.Annot. § 501.201, et seq....
...r Florida law. The precise source of these awards is unclear in the district court’s order. They arose under some combination of the Florida common law of unfair competition and the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat.Annot. § 501.201, et seq....
...A claim for unfair competition based upon allegations of copying, and in the absence of proof of any element of unfair competition other than copying, is clearly pre-empted by the Act. Likewise we hold that the trial court erred in applying the Florida Deceptive Trade Practices Act, Fla.Stat.Annot. § 501.201, et seq....
CopyCited 108 times | Published | Florida 3rd District Court of Appeal
...The trial court found that the Hellers failed to establish their claims based upon fraud and deceit and misleading advertising. The Hellers have not challenged these findings. The court, however, found Rollins liable for gross negligence and deceptive and unfair trade practices under section 501.201 et....
...ross negligence is limited to ten per cent of one year's service charge or $250, whichever is greater. THE FDUTPA VIOLATION We now turn to the trial court's finding that Rollins violated the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). § 501.201 et....
CopyCited 105 times | Published | Court of Appeals for the Eleventh Circuit | 84 U.S.P.Q. 2d (BNA) 2009, 2007 U.S. App. LEXIS 26878, 2007 WL 4165634
...Count 1 of Custom’s complaint alleged unfair
competition in violation of section 43(a) of the Lanham Act, 15 U.S.C. §§ 1051 et
seq.4 Count 2 alleged violation of the Florida Deceptive and Unfair Trade
Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq.5 Finally, Count 3 alleged
that AEC, Stosic, Genium, and Sheets tortiously interfered with a business
4
In pertinent part, 15 U.S.C....
CopyCited 93 times | Published | Court of Appeals for the Eleventh Circuit
Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.201. Complicating this otherwise run-of-the-mill contract
CopyCited 81 times | Published | Court of Appeals for the Eleventh Circuit | 28 Employee Benefits Cas. (BNA) 2709, 2002 U.S. App. LEXIS 10829, 2002 WL 1270174
...dual trustees of the Growth Fund and
Merrill Lynch Asset Management. For convenience, we refer collectively to the four defendants
as “Merrill Lynch.”
2
Unfair Trade Practices Act (Fla. Stat. Ann. §501.201 et seq.).3 The complaint
alleged that Merrill Lynch made “material Misrepresentations and Omissions [that]
induced the Plaintiffs and other Class members to purchase and retain shares of the
Growth Fund ....”4 Merrill Lynch moved to...
CopyCited 75 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 229, 2003 Fla. LEXIS 380, 2003 WL 1088575
...ourt to reconsider the judgment on Petitioner's statutory cause of action. BACKGROUND AND FACTS While our decision in the instant case is directed solely to the district court's interpretation of the Florida Deceptive and Unfair Trade Practices Act, § 501.201-.213, Fla....
CopyCited 69 times | Published | Court of Appeals for the Eleventh Circuit | 104 U.S.P.Q. 2d (BNA) 1307, 2012 WL 3832458, 2012 U.S. App. LEXIS 18658, 23 Fla. L. Weekly Fed. C 1497
...advertising under Section 43(a) of the Lanham Act, common law trademark
infringement and unfair competition, and deceptive and unfair trade practices
pursuant to the Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”),
codified at Fla. Stat. § 501.201 et seq (2012)....
CopyCited 56 times | Published | Court of Appeals for the Eleventh Circuit | 99 U.S.P.Q. 2d (BNA) 1197, 2011 U.S. App. LEXIS 12473, 2011 WL 2449016
...Distance
had breached the 2006 Agreement and had violated section 43(a) of the Lanham
Act, 15 U.S.C. § 1125(a); the Anti Cybersquatting Consumer Protection Act, id. §
1125(d); and the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.201 et seq....
...The Remaining Grounds for Relief Asserted by Crystal Are Without Merit.
The remaining grounds for relief asserted by Crystal are without merit and
warrant little discussion. First, the claim of Crystal under the Florida Deceptive
and Unfair Trade Practices Act, Fla. Stat. §
501.201 et seq., fails because the legal
standards we apply to that claim are the same as those we have applied under
section 43(a) of the Lanham Act, see Custom,
508 F.3d at 652–53....
CopyCited 55 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 14266, 2011 WL 2693967
...Arbitration Association (the “AAA”) on October 23, 2008. On April 15, 2009, the
Plaintiffs submitted an Amended Statement of Claim,3 in which they asserted six
separate claims against the Defendants: (1) deceptive and unfair trade practices
under Fla. Stat. § 501.201 et seq.; (2) rescission; (3) breach of contract; (4) fraud
or alternative misrepresentation; (5) breach of fiduciary duty; and (6) civil remedy
evaluate the vacatur of the arbitration award, not the underlying merits....
CopyCited 49 times | Published | Court of Appeals for the Eleventh Circuit | 28 Fed. R. Serv. 3d 1544, 1994 U.S. App. LEXIS 5370
...Because we are persuaded that the district court lacked jurisdiction to enter the dismissal with prejudice, we reverse. I. BACKGROUND 8 Hertz filed suit under the Lanham Act, 15 U.S.C. Sec. 1125 (a), and the Florida Deceptive and Unfair Trade Practices Act, Section 501.201, et seq., Florida Statutes (1989), against Alamo and other rental car companies, claiming that the defendant rental car companies were not complying with a Dade County ordinance....
CopyCited 47 times | Published | Court of Appeals for the Eleventh Circuit | 91 U.S.P.Q. 2d (BNA) 1302, 2009 U.S. App. LEXIS 15268, 2009 WL 1955609
...tection Act
(“ACPA”), 15 U.S.C. § 1125(d); (5) misappropriated and converted St. Luke’s two
domain names under Florida common law; (6) violated the Florida Deceptive and
Unfair Trade Practices Act (“FDUTPA”), in violation of Fla. Stat. § 501.201-213;
and (7) participated in unfair competition under Florida common law.10
Dr....
CopyCited 46 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 1758086, 2012 U.S. App. LEXIS 10094
...Defendants to retain th[e] benefits” Terrabrook received in the form of 1.5 percent
of the gross sales price of the houses Ryland sold to Plaintiffs.11
Count 3 locates the duty in the Florida Deceptive and Unfair Trade Practices
Act (“FDUTPA”), Fla. Stat. §§ 501.201, et seq., asserting that Defendants’ failure
to inform Plaintiffs about Pinecastle constituted a “deceptive, misleading, and
unfair [trade] practice.”12
Count 4 locates the duty in common law negligence.
10...
CopyCited 43 times | Published | Court of Appeals for the Eleventh Circuit | 1999 WL 622013
...stablish the jurisdictional amount in controversy.
B. ATTORNEY FEES
On behalf of the class, Cohen brought claims under Florida statutes that prohibit deceptive business
practices, see Fla. Stat. § 501.201 et seq., and misleading advertising, see Fla....
CopyCited 42 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 165139, 2014 WL 6480656
...ing regarding Bank of America’s assignment or sale to Na-tionstar and the resulting imposition of unnecessary and excessive fees and charges; (V) unjust enrichment; (VI) violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq....
CopyCited 36 times | Published | Florida 2nd District Court of Appeal | 2004 WL 221065
...Petsch was unhappy with Orkin's services and initiated a class action against Orkin, Rollins, Inc., David Bernstein, and Rick Prothero (collectively Orkin). Petsch sought, in count I, money damages and attorney's fees under Florida's Deceptive and Unfair Trade Practices Act (FDUTPA), § 501.201-.213, Fla....
CopyCited 34 times | Published | Florida 4th District Court of Appeal
...ulation and reservation of jurisdiction previously mentioned. See Mainlands of Tamarac, etc. v. Morris,
388 So.2d 226 (Fla. 2d DCA 1980). It was pointed out that Count VII of the appellees' amended complaint was brought pursuant to the provisions of Section
501.201, et seq., Florida Statutes (1981) and that there, too, the appellants prevailed....
...sumer transaction." We deem this reasoned rejection to be error and reverse. An examination of appellee's amended complaint, count VII entitled, "Deceptive and Unfair Trade Practices," reveals that it was grounded specifically upon the provisions of Section 501.201, Florida Statutes (1981) and appellees claimed for themselves attorney fees thereunder....
CopyCited 33 times | Published | District Court, S.D. Florida | 68 Fed. R. Serv. 3d 382, 2007 U.S. Dist. LEXIS 46696, 2007 WL 1784118
...Plaintiff alleges that Mercy charged her and the proposed class of uninsured patients an unfairly high price for the Medical services they received from Mercy. Plaintiff claims that these unfair prices constitute a breach of contract and a violation of Florida’s Deceptive and Unfair Trade Practices Act, § 501.201, Fla....
CopyCited 30 times | Published | District Court, M.D. Florida | 1988 U.S. Dist. LEXIS 3175, 1988 WL 33263
...As a result of these activities, the Barras plaintiffs allege that Plaintiffs are guilty of vertical price fixing in violation of the Sherman Act, 15 USC § 1, violating Florida's antitrust laws, Ch. 542, Fla.Stat., and unfair trade practices in violation of Florida law, § 501.201 et seq, Fla.Stat....
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 1 U.S.P.Q. 2d (BNA) 1161, 1986 U.S. App. LEXIS 34649
...AFFIRMED in part, REVERSED in part and REMANDED. . Since instituting this action in 1982, Isaly has changed its name to AmBrit, Inc. We shall refer to the company as "Isaly” throughout this opinion. . 15 U.S.C. § 1125 (a). . 15 U.S.C. § 1114 (1). . Fla.Stat. §
495.151 et seq. . Fla.Stat. §
501.201 et seq....
CopyCited 27 times | Published | District Court, S.D. Florida
...television advertising airtime market in violation of section 1 of the Sherman Act (Count V); conspiracy to monopsonize the Americas television rights market in violation of section 2 of the Sherman Act (Count VIII); and violation of the Florida Deceptive and Unfair Trade Practices Act, Florida Statutes section 501.201 et seq....
...television advertising airtime market in violation of section 1 of the Sherman Act (Count V); conspiracy to monopsonize the Americas television rights market in violation of Section 2 of the Sherman Act (Count VIII); and violation of the Florida Deceptive and Unfair Trade Practices Act, Florida Statutes section 501.201 et seq....
CopyCited 27 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 16811, 2011 WL 3505016
...Plaintiffs filed an Amended Class Action Complaint against ATTM in the United
States District Court for the Middle District of Florida. [Compl., Dkt. 5.] The
Plaintiffs alleged that ATTM violated the Florida Deceptive and Unfair Trade
Practices Act (“FDUTPA”),5 Fla. Stat. § 501.201, et seq., by charging them $2.99 a
month for a “Roadside Assistance Plan” (“RAP”) that they never ordered....
CopyCited 26 times | Published | Court of Appeals for the Eleventh Circuit | 79 Fed. R. Serv. 3d 293, 2011 U.S. App. LEXIS 6047, 2011 WL 1103005
...The Appellee, Julie Fitzpatrick (“Fitzpatrick”), alleges that the
Appellants, General Mills, Inc. and wholly-owned subsidiary Yoplait USA, Inc.
(collectively, “General Mills”), violated the Florida Deceptive and Unfair Trade
Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq., and breached an express
warranty by making false and misleading claims about the digestive health
benefits of YoPlus yogurt....
...ve health benefit
that cannot be obtained by eating normal yogurt.
On March 17, 2009, Fitzpatrick filed suit on behalf of herself and proposed
class members against General Mills alleging that General Mills violated the
FDUTPA, Fla. Stat. § 501.201 et seq., and breached an express warranty by
making false and misleading claims that YoPlus provides digestive health benefits
that other yogurt products do not....
CopyCited 26 times | Published | District Court, S.D. Florida
...ion 2607(b) of RESPA; Count 3: Common law fraudulent misrepresentation and/or omission: Count 4: Common law negligent misrepresentation and/or omission; and *1421 Count 5: Violation of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201, et seq....
CopyCited 25 times | Published | Court of Appeals for the Eleventh Circuit | 32 Media L. Rep. (BNA) 1513, 70 U.S.P.Q. 2d (BNA) 1446, 2004 U.S. App. LEXIS 5915, 2004 WL 627723
...any party other than the Credentialed Site in any manner whatsoever, without the prior written
consent of PGA TOUR.” [R. Vol. 1 at Tab 1, Exh. 4.]
4
Morris also alleged violations of Florida Deceptive and Unfair Trade Practices Act, Fla. Stat.
Ann. § 501.201 et seq., and tortious interference with contract....
CopyCited 24 times | Published | District Court, M.D. Florida | 2000 U.S. Dist. LEXIS 20048, 2000 WL 33223247
...1562 (S.D.Fla.1997) (applying Florida law) (a party can alternatively allege recovery under an express contract and seek equitable relief under the theory of unjust enrichment). D. The Florida Deceptive and Unfair Trade Practices Florida's Deceptive and Unfair Trade Practices Act ("DUTPA"), Fla.Stat. §§ 501.201-.213, is a consumer protection law intended to "protect the consuming public and legitimate business enterprises from those who engage in unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the course of any trade or commerce." Fla. Stat. § 501.201(2) (1999); see Delgado v....
CopyCited 23 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 148186, 2014 WL 5139306
...Ford’s Motion to Dismiss Based upon the foregoing allegations, Plaintiff alleges the following four claims against Ford: Count I—Violation of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.; Count II—Violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq....
...futility, and other issues not appropriate when ruling on a motion to dismiss. Based upon the foregoing, Ford’s motion to dismiss Plaintiffs MMWA claim (Count I) shall be denied. 4. Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq. (“FDUTPA”) (Count II) In Count II, Plaintiff asserts a claim against Ford for violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq....
CopyCited 23 times | Published | Court of Appeals for the Eleventh Circuit | 98 U.S.P.Q. 2d (BNA) 1097, 2011 U.S. App. LEXIS 6211, 2011 WL 1103337
...on both copyrights by digitally
sampling a portion of BMBH in PYOG.18 Saregama also sued for common law
copyright infringement, unfair competition, and a violation of the Florida Deceptive
and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201, et seq....
CopyCited 22 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 140318, 2014 WL 5795187
...aud, against Accurate, Sunbelt, 1848 Capital, Tolzien, Wilder, DaG-rosa, Neithardt and Sicilian; (vii) unjust enrichment, against Accurate, Sunbelt and 1848 Capital; (viii) violation of the Florida Unfair and Deceptive Trade Practice Act, Fla. Stat. § 501.201 et seq....
CopyCited 22 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 86193, 2007 WL 4127628
...of 1933 ("1933 Act"), 15 U.S.C. § 77q(a); (iii) Count III, alleging violations of § 12(2) of the 1933 Act, 15 U.S.C. § 77-1(2); and, (iv) Count V, alleging violations of the Florida Deceptive and. Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. § 501.201, et seq....
CopyCited 22 times | Published | Florida 3rd District Court of Appeal | 2000 A.M.C. 2391, 2000 Fla. App. LEXIS 6544, 2000 WL 691568
...The purpose of the Act is to "protect the consuming public and legitimate business enterprises from those who engage in unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the course of any trade or commerce." [2] [e.s.] § 501.201(2), Fla....
CopyCited 22 times | Published | Florida 4th District Court of Appeal | 2005 WL 1554021
...However, after the grand opening week, the business did not make a profit, and the DeGeorges decided to sell the business three-and-a-half weeks after opening. They then sued Mac-Gray for fraud in the inducement of the contract, breach of fiduciary duty, and violation of section 501.201, Florida Statutes, Florida Deceptive and Unfair Trade Practices Act....
CopyCited 21 times | Published | Florida 3rd District Court of Appeal
...Gardens by The Sea South Condominium Association,
424 So.2d 181 (Fla. 4th DCA 1983), and Rustic Village, Inc. v. Friedman,
417 So.2d 305 (Fla. 3d DCA 1982), are closely analogous or even apposite to the present case. These cases involved actions brought under Florida's Deceptive and Unfair Trade Practices Act, Section
501.201, et seq., Fla....
CopyCited 21 times | Published | Florida 2nd District Court of Appeal | 1994 WL 717899
...Ellen Tracy thereafter opened a discount outlet store in Manatee County selling the same or similar products. On or about August 14, 1992, Mettler filed a five-count complaint against Ellen Tracy, Inc. and Ellen Tracy, Inc. of Ellenton, Inc., for fraud, breach of contract, violation of section 501.201, Florida Statutes (1991), (Florida Deceptive and Unfair Trade Practices Act), intentional interference with a business relationship, and breach of implied warranties....
CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit
...Since instituting this action in 1982, Isaly has changed its name to AmBrit, Inc. We shall refer to the company as "Isaly" throughout this opinion. 2 . 15 U.S.C. § 1125 (a). 3 . 15 U.S.C. § 1114 (1). 4 . Fla.Stat. §
495.151 et seq. 5 . Fla.Stat. §
501.201 et seq....
CopyCited 20 times | Published | United States Bankruptcy Court, M.D. Florida | 32 Collier Bankr. Cas. 2d 1185, 8 Fla. L. Weekly Fed. B 281, 1994 Bankr. LEXIS 2077, 1994 WL 733869
...the Bankruptcy Code, or increasing the risk of dismissal of the bankruptcy case. The Florida Deceptive and Unfair Trade Practices Act A finding of fraud is not necessary to sustain a violation of the Florida Deceptive and Unfair Trade Practices Act, § 501.201, et seq....
CopyCited 20 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1834
...the defendant prior to purchase. See Johnson v. Davis,
480 So.2d 625 (Fla. 1985). HIC also contends that the plaintiffs failed to sustain their allegations of deceptive and unfair trade practices in regard to the appliances in the condo, pursuant to section
501.201, et seq., Florida Statutes (1977)....
CopyCited 19 times | Published | Florida 1st District Court of Appeal | 1996 WL 720607
...ce as a matter of law. Accordingly, we affirm the order certifying a class in Case No. 95-2592, and we affirm the order granting plaintiffs' motion for summary judgment on liability in Case No. 95-4648. BOOTH and VAN NORTWICK, JJ., concur. NOTES [1] § 501.201 et seq., Fla.Stat....
CopyCited 18 times | Published | Florida 3rd District Court of Appeal | 1977 Fla. App. LEXIS 16279
...ultimate facts, but urging different claims for the illegality of the recreational facility lease. Primarily, the counts are as follows: Counts one and two claim that the lease is void because of the Florida Deceptive and Unfair Trade Practices Act, Section 501.201, et seq., Florida Statutes (1975)....
CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit | 105 U.S.P.Q. 2d (BNA) 1001, 2012 U.S. App. LEXIS 26125, 2012 WL 6582565
...Plaintiff Order filed suit against The Florida Priory in July of 2009 asserting infringement and false advertising claims under the Lanham Act, 15 U.S.C. § 1051 et seq., as well as state law claims for unfair competition and violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.201 et seq....
CopyCited 17 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 54448, 2009 WL 1810757
...Net and Westlake (count one); (2) defamation by implication against Net, Ventura, Westlake, EJE and Witucki (count two); (3) unjust enrichment against all Defendants (count three) and (4) declaratory and injunctive relief pursuant to Florida Statute § 501.201 et seq....
CopyCited 17 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 48181, 2007 WL 1836696
...Defendants removed the lawsuits to this Court pursuant to 28 U.S.C. §§ 1441(a) and 1446 on the basis of diversity of citizenship. Both Complaints allege the following four causes of action against Defendants: negligence/gross negligence; strict product liability; a violation of Florida Statutes § 501.201 et seq....
...They further argue that the direct to consumer marketing exception or the overpromotion exception applies. I will address each in turn. 1. Application of the Learned Intermediary Doctrine to the FDUTPA and Negligence Misrepresentation Claims a. Florida's Deceptive and Unfair Trade Practices Act (FDUTPA) Florida Statutes §§
501.201-.213, the FDUTPA, is intended to "protect the consuming *1372 public and legitimate business enterprises from those who engage in unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce."
501.202(2)....
CopyCited 17 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 109960, 2009 WL 2207818
...as a result of the breach of the relationship). Therefore, Defendants have not offered any valid basis for dismissal of Count VIII. 4. Count IX Plaintiff advances a claim under the Florida Deceptive Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. § 501.201 et seq., in Count IX....
CopyCited 17 times | Published | District Court, S.D. Florida | 1983 U.S. Dist. LEXIS 14253
...erein. 2. Plaintiff's claims against defendants are for violation of the Federal Copyright Act, Title 17, U.S.C. §§ 101 et seq., the Lanham Trademark Act, Title 15, U.S.C. § 1125(a), the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat. § 501.201 et seq., the Injury to Business Reputation and Dilution of Trademark Law, Fla.Stat....
...Miami Beach Lerner Shops, Inc. v. Walco Manufacturing of Florida, Inc.,
106 So.2d 233, 236 (Fla. 3d D.C.A.1958). Accordingly, the Court awards plaintiff $165,000.00 as punitive damages. [1] 19. Violation of the Florida Deceptive Trade Practices Act, Fla.Stat. §§
501.201 et seq., may be enjoined, § 501.221, and attorneys' fees and costs may be granted to the prevailing party, § 501.210....
CopyCited 17 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 71308
...es and the unlawful billing was approved and agreed to by Dr. Reiter and Pinto. Nationwide seeks damages in the amount of $140,658.43 for common law fraud (Count I), unjust enrichment (Count II), unfair and deceptive trade practices under FLA. STAT. § 501.201 (Count III), negligent supervision (Count IV), and civil conspiracy (Count V), and seeks declaratory relief (Count VI)....
CopyCited 16 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 13665, 1990 WL 153997
...re not. The plaintiff's complaint primarily alleges federal trademark violations. However, it includes a few pendent state claims, most significantly count IV which alleges a violation of Florida's Deceptive and Unfair Trade Practices Act, Fla.Stat. § 501.201, et seq....
CopyCited 16 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 43626, 2007 WL 1752541
...§ 292, Count III false advertising in violation of 15 U.S.C. § 1125(a), Count IV misleading advertising in violation of Fla. Stat. §
817.41, Count V Florida common law of unfair competition and Count VI deceptive and unfair trade practices in violation of Fla. Stat. §
501.201....
...ceptive trade "practice." Doc. No. 53 at 8. To state a claim for Deceptive and Unfair Trade Practices under Florida law, a party must plead (1) a deceptive act or unfair practice, (2) causation, and (3) actual damages or aggrievement. See FLA. STAT. 501.201; Grillasca v....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 2001 WL 1023501
...In count II, Excavation averred that Ringhaver's defamatory statements to Caterpillar concerning Excavation's financial status caused its business to fail. In count III of the complaint, Excavation averred that Ringhaver's actions constituted unfair and deceptive trade practices in violation of section 501.201 of the Florida Statutes (1989)....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 1999 WL 278676
...Liberty and Hitchens filed a seven count complaint against MCI. Liberty alleged claims for fraudulent inducement to enter the contract with MCI, breach of contract, promissory estoppel, tortious interference with an advantageous business relationship, violation of section 501.201 (unfair trade practices), and a declaratory judgment regarding the rights of the parties to the contract, Liberty and MCI....
CopyCited 15 times | Published | District Court, M.D. Florida | 1991 WL 1648
...§ 1114(1) and § 1125(a). The third count involves alleged violations of the common law of trademark infringement and unfair competition. In the fourth count, Plaintiff asserts that the Defendants violated Florida's Unfair and Deceptive Trade Practices Act, Fla.Stat. § 501.201, et seq....
CopyCited 15 times | Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 1176, 1996 WL 46641
...ding the Complaint on March 25, 1994. The Plaintiff's six-count Amended Complaint seeks injunctive relief and money damages based on alleged violations of the Lanham Act, 15 U.S.C. § 1125(a), the Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201, Misleading Advertising, Fla....
CopyCited 14 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 45501, 2009 WL 1393425
...and rodent infested apartment complex." ( Id. ) Plaintiffs filed suit against Sunvest and IMG, asserting the following counts: (1) Count One for declaratory relief under the Florida Deceptive and Unfair Trade Practices Act (the "FDUTPA"), Fla. Stat. § 501.201 et....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal
...Resnick, Rosenthal & Weiss and Leon J. Weiss, Miami, for appellee. Before HUBBART, C.J., SCHWARTZ, J., and PEARSON, TILLMAN (Ret.), Associate Judge. PEARSON, Tillman The defendant in an action brought pursuant to the Florida Deceptive and Unfair Trade Practices Act, Section
501.201, et seq., Florida Statutes (1979), appeals an order of the trial court denying a motion for attorney's fees pursuant to Section
501.2105 [1] of the Act....
CopyCited 14 times | Published | United States Bankruptcy Court, M.D. Florida | 41 Collier Bankr. Cas. 2d 1746, 12 Fla. L. Weekly Fed. B 223, 1999 Bankr. LEXIS 593, 1999 WL 333134
...§ 362(h) for allegedly pursuing a strategy of collecting debts and extorting reaffirmation agreements against Nelson, Summerlin and putative class members. Count III asserts an action for damages for Defendant's violation of the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat. § 501.201, et seq (1998)....
...1334(c) Even if a claim asserted in the bankruptcy court is based on pure state law, however, the court still must consider the extent to which the abstention provisions of 28 U.S.C. § 1334(c)(1) and (2) control this Court's jurisdiction. The claims in Counts III and IV are based on Fla.Stat.Sec. 501.201 (Florida Deceptive and Unfair Trade Practices Act) and Fla.Stat.Sec....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 1041, 2009 WL 321581
...corporate taxes are either not paid to the federal government or partially paid and then subsequently refunded to Group by the federal government. Count I alleges that FPL violated the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), section 501.201-.213, Florida Statutes (2006), by knowingly collecting monies for federal corporate taxes, but keeping a substantial portion of the monies for itself and/or refunding the monies to Group....
CopyCited 12 times | Published | District Court, S.D. Florida | 1998 U.S. Dist. LEXIS 22314, 1998 WL 1048245
...Count V arises under Section
495.161 of the Florida Statutes and states a claim for common law trademark infringement and unfair competition relating to Nutrivida's use of a seal design identical to or at least confusingly similar to Inmuno's. Count VI arises under Section
501.201 of the Florida Statutes and states a claim for deceptive and unfair trade practices relating to the acts of Nutrivida in infringing Inmuno's seal design....
CopyCited 12 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 12307, 1997 WL 523677
...§ 1125(a); (2) Trade name infringement, misappropriation of business reputation and dilution, in violation of Fla. Stat. §
495.151; and (3) Unfair competition, deceptive trade practices and false and misleading statements, in violation of Florida's Unfair and Deceptive Trade Practices Act ("UDTPA"), Fla. Stat. §
501.201-13....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1980 Fla. App. LEXIS 17178
...[4] Therefore, we reverse that portion of the final judgment that denied Ocala Marine attorney's fees. We remand this case to the trial court for a proper determination and award of those fees. REVERSED and REMANDED. FRANK D. UPCHURCH, Jr., and COWART, JJ., concur. NOTES [1] § 501.201, Fla....
CopyCited 11 times | Published | District Court, M.D. Florida | 1999 U.S. Dist. LEXIS 6178, 1999 WL 254374
...Florida Deceptive and Unfair Trade Practices Act provides that "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive practices in the conduct of any trade or commerce are hereby declared unlawful." Fla.Stat.Ann. § 501.201 et seq....
CopyCited 10 times | Published | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 21854, 1995 WL 750325
...he Lanham Act), 15 U.S.C. § 1051 et seq., specifically §§ 32(1) and 43(a) of the Lanham Act, 15 U.S.C. §§ 1114(1), 1125(a), Florida's anti-dilution statute, Fla.Stat. §
495.151, and Florida's deceptive and unfair trade practices act, Fla.Stat. §
501.201; and for breach of the agreement between the parties and of the implied covenant of good faith and fair dealing....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1999 WL 391858
...management groups that the plaintiff's product was to blame for the air conditioner failures. The plaintiff alleged that the defendant's conduct provided it with a right to monetary relief under the Florida Deceptive and Unfair Trade Practices Act, Section 501.201-.213, Florida Statutes (1991), and pursuant to the common law prohibition against trade disparagement....
CopyCited 10 times | Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 39240, 2006 WL 45902
...§ 1692g based upon Defendants' failure to provide Plaintiff with the statutorily mandated written notice. ( Id. at ¶ 23). Count IV alleges that all Defendants engaged in unfair and deceptive practices in violation of the Florida Deceptive and Unfair Trade Practices Act. ("FDUTPA"), Fla. Stat. § 501.201 et seq....
CopyCited 10 times | Published | United States Bankruptcy Court, M.D. Florida | 9 Fla. L. Weekly Fed. B 180, 1995 Bankr. LEXIS 1535, 1995 WL 628061
...new, a theory apparently based on common law fraud. No statutory basis for the claims was asserted. Nevertheless, at the conclusion of the trial, the Claimants also contended that Crown violated the Florida Deceptive and Unfair Trade Practices Act. Section 501.201 et seq., Fla.Stat....
CopyCited 10 times | Published | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 8384, 2003 WL 21152859
...srepresentation against Defendants are barred by the economic loss rule, the sole state claim remaining against the Defendants is contained in Count III; a claim pursuant to the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. § 501.201, et....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1988 WL 115379
...Berhalter,
405 So.2d 1027 (Fla. 4th DCA 1981); and Heyman v. Vonelli,
413 So.2d 1254 (Fla. 3d DCA 1982). They also cite Cuevas v. Potamkin Dodge, Inc.,
455 So.2d 398 (Fla. 3d DCA 1984) (involving an action under the Florida Deceptive and Unfair Trade Practices Act, section
501.201), and Buena Vista Construction Company v....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2007 WL 1514226
...(collectively, "Appellants") appeal a final judgment entered following a jury trial, finding Lennar liable for negligent misrepresentation and both Bankers Trust and Lennar liable for violating Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA"), section 501.201-.213, Florida Statutes (1999)....
CopyCited 9 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 1805, 2010 WL 111492
...§ 1964(c) (Count I); declaratory and injunctive relief under 18 U.S.C. § 1964(a) (Count II); money had and received (Count III); unjust enrichment (Count IV); and violation of Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. § 501.201, et seq....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 30 Fla. L. Weekly Fed. D 1055
...nts, we conclude that the effect of the court's order was to certify the class. We therefore have jurisdiction. *958 Gilley asserts claims against Ernie Haire for count one, violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), section
501.201, Florida Statutes (2002); count two, violation of the Florida Motor Vehicle Retail Sales Finance Act, section
520.01, Florida Statutes (2002); and count three, negligence....
CopyCited 9 times | Published | District Court, S.D. Florida | 46 U.C.C. Rep. Serv. 2d (West) 77, 2001 U.S. Dist. LEXIS 7809, 2001 WL 673454
...and, consequently, pools finished with Poolcote. Premix's amended complaint asserts causes of action for: (1) breach of implied warranty; (2) breach of express warranty; (3) violation of Florida's Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq.; (4) fraud in the inducement; and (5) negligent misrepresentation....
...Christy Refractories, L.L.C.,
225 F.3d 974, 980 n. 3 (8th Cir.2000); Coastal & Native Plant Specialties, Inc. v. Engineered Textile Prods., Inc.,
139 F.Supp.2d 1326, 1334-35 (N.D.Fla.2001). [11] Premix's statutory claim under Florida's Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.201 et seq., (count III) is not affected by the economic loss rule....
CopyCited 8 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 124180, 2014 WL 4388415
...ndant's misconduct.” Id. at ¶¶ 22, 24, 26. On March 31, 2014, the plaintiffs filed their Amended Complaint asserting causes of action for: unjust enrichment (Count I), violation of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq....
CopyCited 8 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 79733, 2008 WL 4462304
...ORDER ON ADT'S MOTION TO DISMISS DONALD M. MIDDLEBROOKS, District Judge. Plaintiffs commenced this purported class action suit against Defendant, ADT, alleging (1) a violation of Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. § 501.201 ("Count I") and (2) unjust enrichment (Count II)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2007 WL 4145222
...Appellants Brumos Motor Cars, Inc., a Mercedes dealership (Brumos), and S.D.S. Autos, Inc., a Lexus dealership (S.D.S.), seek relief from non-final orders [1] denying their motions to dismiss amended class action complaints filed under Florida's Deceptive and Unfair Trade Practices Act (FDUTPA or the Act), section 501.201 et seq., Florida Statutes (2005)....
CopyCited 8 times | Published | District Court, S.D. Florida | 2013 WL 1136444, 2013 U.S. Dist. LEXIS 36887
...emiums for their force-placed insurance policies. Compl. ¶¶ 132, 31-32. Martorella asserts four different claims for relief in her Complaint. She alleges that • Defendants violated the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq....
CopyCited 8 times | Published | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 10539, 1993 WL 289258
...for sale, or distribution of goods or services. [6] A "counterfeit mark" means "a spurious mark which is identical with, or substantially indistinguishable from, a registered mark." 15 U.S.C. § 1127. [7] The Court agrees with Babbit that Fla.Stat. § 501.201-213 only provides remedies for consumer transactions and has no application to this cause of action....
CopyCited 8 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 8315
...cretion to choose and place insurance coverage; (III) unjust enrichment against EverBank; (IV) unjust enrichment against ASIC and SGIC; (V) violation by EverBank, alleged by Wilson, of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1989 WL 4179
...The jury returned a verdict for Kranz awarding damages of $75,000 for breach of contract against Kingswharf; damages of $100,000 against Kingswharf and Helcinmar for breach of express warranty; and damages of $100,000 against all appellants for breach of the Florida Deceptive and Unfair Trade Practices Act, (the Act) section 501.201, et seq., Florida Statutes (1987)....
CopyCited 8 times | Published | District Court, N.D. Florida | 2007 A.M.C. 2395, 2007 U.S. Dist. LEXIS 50523, 2007 WL 2011274
...hether there was or was not privity cannot be determined by motion to dismiss. Deceptive and Unfair Trade Practices Defendants both argue that count IV of the complaint, which asserts a claim under Florida's Deceptive and Unfair Trade Practices Act, § 501.201, et seq., Florida Statutes, must be dismissed because it fails to allege any "conduct which is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers." (Documents 4 and 5 at 8, citing PNR, Inc....
CopyCited 7 times | Published | District Court, M.D. Florida | 56 U.S.P.Q. 2d (BNA) 1952, 28 Media L. Rep. (BNA) 2544, 2000 U.S. Dist. LEXIS 15620, 2000 WL 1610379
...On October 11, 2000, Plaintiff filed its Complaint and Motion for Preliminary Injunction, alleging violations of section 2 of the Sherman Act, 15 U.S.C. § 2, the Florida Antitrust Act, Fla.Stat. §
542.19, and the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat. §
501.201 et seq....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1993 WL 140097
...As this franchisee has not even mentioned Arizona law in his brief, I think his omission should be taken either as an abandonment of any reliance on Arizona arbitration law or as an acknowledgment of conflict. In either case, USAA would supply the rule of decision. [10] See § 501.201 et seq., Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 31 U.C.C. Rep. Serv. (West) 1273, 1981 Fla. App. LEXIS 19930
...ement filed suit against her. She, in turn brought a third-party complaint against Bert Smith seeking, in addition to other relief, [1] compensatory and punitive damages for alleged violations of the Florida Deceptive and Unfair Trade Practices Act, section 501.201 et seq., Florida Statutes (1979)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1703
...price. The Litinskys filed suit for damages against Cedar Investments, Inc., for breach of warranty and breach of contract. They also sued both Cedar Investments, Inc., and Anden for violation of the Florida Deceptive and Unfair Trade Practices Act. § 501.201, et seq., Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...January 14, 1981. *977 Joseph Mancilla, Jr., Miami, for appellant. Jerry W. Gerde, of Davenport, Johnston, Harris, Gerde & Harrison, Panama City, for appellees. PER CURIAM. Deltona appeals a judgment of guilty of unfair and deceptive trade practices, contrary to section 501.201 et seq., Florida Statutes (Little FTC Act), regarding the sale of carpeting and sodding purchased by the Jannottis in conjunction with their purchase of a house from Appellant....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 31 U.S.P.Q. 2d (BNA) 1957, 1994 U.S. App. LEXIS 23676, 1994 WL 424313
...In 1986 MGB filed suit against Ameron, complaining that Ameron copied the floor plan of MGB’s “Islander II” home from a copyrighted advertising flyer in violation of, among other laws, the Florida Deceptive and Unfair Trade Practices Act (DTPA). 1 See Fla.Stat. § 501.201 et seq....
...eals,” and here the district court initially rendered judgment against Ameron based in part on Section
501.2105, and this court subsequently reversed because “the trial court erred in applying the Florida Deceptive Trade Practices Act, Fla.Stat. §
501.201, et seq....
CopyCited 6 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 184417, 2012 WL 6830423
...vestments, Inc. and 3291 Sunrise Investments, Inc. Count IX — Deceptive and Unfair Trade Practices Lastly, Coach alleges in Count IX of the Amended Complaint that Defendants violated the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 (“FDUTPA”)....
CopyCited 6 times | Published | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 95990, 2009 WL 3367336
...Rain Bird asserts claims under the Lanham Act, 15 U.S.C. § 1114 et seq., Florida common law, the Florida Registration and Protection of Trademarks Act ("FRPTA"), Fla. Stat. §
495.151, and the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. §
501.201 et seq....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1998 WL 335789
...The Plaintiff, MARTY JENKINS, objected to, refused to participate in, and reported the conduct of MIKE WHELAN and PAUL FARNSWORTH, to the Chief Financial Officer, JIM LOWERY; E. The reported conduct violated laws, rules and regulations including, but not limited to, Florida Statutes § 501.201-501.204 (the Florida Deceptive and Unfair Trade Practices Act), 15 U.S.C....
...The falsification of such reports for use in the sale, financing or other outside evaluation of the company violates laws, rules and regulations including, but not limited to 15 USCS § 17(a) and 77 (Securities Act), Chapter 47 of the United States Code, Florida Statutes § 501.201-501.204 (the Florida Deceptive and Unfair Trade Practices Act), 15 U.S.C....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2001 WL 803586
...otion filed in the court within 30 days of rendition." We affirm the order under review. Background In May, 1997, a jury awarded Ronald Laesser $25,000 against GMAC for its violations of the Florida Deceptive and Unfair Trade Practices Act, sections 501.201-501.213, Florida Statutes (1991)....
...ed verdict in GMAC's favor and held a hearing on the amount of fees to be awarded to GMAC. GMAC showed that eleven people comprised of attorneys and paralegals worked on the appeal for a total of 494 hours. GMAC's appellate attorney, a specialist in section 501.201 issues, testified that the case was extraordinary and important....
...Rather, where a plaintiff brings a claim under the Act, an award of attorneys' fees to a prevailing defendant is mandatory. [3] See Rustic Village, Inc. v. Friedman,
417 So.2d 305, 306 (Fla. 3d DCA 1982). Because Laesser brought his claim against GMAC under sections
501.201-501.213, he became liable for the latter's reasonable appellate attorney's fees when he lost on appeal....
...his or her own determination of that issue by reading the merits opinion,
718 So.2d 276, wherein the several issues are identified and discussed. [7] Despite the fact that he had been especially selected as co-counsel because he was a specialist in section
501.201 matters, the only appellate issue raised which even remotely involved section
501.201 related to the sufficiency of plaintiff's proof of damages....
CopyCited 6 times | Published | District Court, M.D. Florida | 226 U.S.P.Q. (BNA) 801, 1985 U.S. Dist. LEXIS 17883
...of 15 U.S.C. § 1114(a); Count 3 common law unfair competition; Count 4 dilution of Isaly's trade dress rights in violation of Florida Statute Section
495.151 et seq.; and Count 5 statutory unfair competition in violation of Florida Statute Section
501.201, et seq....
CopyCited 6 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 10768, 1996 WL 419851
...Plaintiff and Defendant are conducting business in Pinellas County, Florida. Second, Plaintiff's claims in the Complaint concern breach of contract, violation of Florida Antitrust Act ( Fla.Stat. § 542), violation of Florida's Unfair and Deceptive Acts and Practice Act ( Fla.Stat. § 501.201), and tortious diminution of value....
CopyCited 6 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 6917, 2010 WL 146846
...im to the contrary is unsubstantiated, false, misleading, and reasonably likely to deceive the public. (Comply 3.) Plaintiff seeks class certification under Rule 23 for her Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) ( Fla. Stat. § 501.201 et seq.) claim and Florida common law breach of express warranty claim....
CopyCited 6 times | Published | District Court, M.D. Florida | 31 Media L. Rep. (BNA) 1642, 2002 WL 32151637, 2002 U.S. Dist. LEXIS 25854
...Motion for Preliminary Injunction On October 11, 2000, Morris filed its Complaint and Motion for Preliminary Injunction, alleging violations of Section 2 of the Sherman Act, 15 U.S.C. § 2, the Florida Antitrust Act, Fla. Stat. §
542.19, and the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.201 et seq....
...ry Judgment on Morris's claim of attempted monopolization is GRANTED. B. Florida Deceptive and Unfair Trad Practice Act Claims Along with the antitrust claims, Morris brings a claim under the Florida Deceptive and Unfair Trade Practice Act (FDUPTA), Section 501.201, et....
CopyCited 5 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 126904, 2014 WL 4392163
...30.) On October 18, 2013, Plaintiffs filed their Amended Consolidated Class Action Complaint (“SAC,” D.E. 58), which is the operative pleading for the instant Motion to Dismiss. The SAC lists the Florida causes of action as (1) violations of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq....
CopyCited 5 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 34059, 2006 WL 1389878
...Premier filed a Reply in Support of Its Motion to Dismiss Complaint [DE 36] on April 19, 2006. The Court heard oral arguments on the motions on April 20, 2006. Both motions are now ripe for adjudication. I. Introduction This is an action brought under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.201 et seq....
CopyCited 5 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 68169, 2011 WL 2448924
...red into a contract with BellSouth requiring that their claims be arbitrated.” (Id.) Each member of the class would assert claims based on the same four legal theories: violations of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 (FDUTPA), fraud, unjust enrichment, and money had and received....
...have entered into a contract with BellSouth requiring that their claims be arbitrated. 9 B. The class is certified with respect to plaintiffs’ claims in Counts I-TV for violations of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 , fraud, unjust enrichment, and money had and received....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2012 WL 2402152, 2012 Fla. App. LEXIS 10389
...FDUTPA”) by failing to give her a refund for the difference between the estimated payoff amount on her trade-in and the actual amount Brickell Honda paid. On September 30, 2009, Ms. Baldwin filed a motion seeking class certification under sections
501.201,
501.976(9), and
501.976(11), Florida Statutes (2008), and to serve as the class representative. Section
501.201 et seq., is the more generalized section regarding unfair or deceptive acts or practices, whereas section
501.976 specifically addresses unfair or deceptive acts or practices involving vehicles....
...All fees or charges permitted to be added to the cash price by rule 69V-50.001, Florida Administrative Code, must be fully disclosed to customers in all binding contracts concerning the vehicle’s selling price. After an evidentiary hearing, the trial court denied certification under sections
501.201 and
501.976(9), but granted certification under section
501.976(11) as follows: All individuals and entities that purchased an automobile from Brickell Honda where: 1) an automobile encumbered by a lien was “traded-in” in the transaction;...
...Baldwin’s husband from serving as class counsel, and appointed counsel to represent the class. Brickell Honda appeals the order certifying the class under section
501.976(11); Ms. Baldwin has not appealed the denial of class certification under sections
501.201 and
501.976(9)....
...presentative made to her. And, as the trial court correctly concluded, Ms. Baldwin “did not satisfy the Court’s concerns regarding the need for individualized inquiry with respect to the other claims against [Brickell Honda] [in other words, her section 501.201 et seq....
...Further, class treatment is not a superi- or method for resolving the issues in this FDUTPA claim where the common facts do not predominate, and individual plaintiffs may bring their own suits, as FDUT-PA provides attorney’s fees to a prevailing plaintiff. See § 501.2015(1), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1991 WL 138900
...Appellants seek review of the trial court's order that granted the Florida Department of Legal Affairs' [Department] motion for temporary injunction. We reverse. The Department filed a complaint which alleged that appellants had violated provisions of chapter 817, the Florida Communications Fraud Act, and section 501.201 et seq., the Florida Deceptive and Unfair Trade Practices Act....
CopyCited 4 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 154637, 2011 WL 4639824
...am Act (federal trademark infringement pursuant to 15 U.S.C. § 1114), (2) violation of Sec. 43(a) of the Lanham Act for false designation of origin pursuant to 15 U.S.C. § 1125(a), (3) common law unfair competition, and (4) violation of Fla. Stat. § 501.201, et seq....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2007 WL 2710753
...Keith T. Grumer and Maidenly Macaluso of Grumer & Macaluso, P.A., Fort Lauderdale, for appellees. GROSS, J. We write to address an award of attorney's fees to a prevailing defendant under the Florida Deceptive and Unfair Trade Practices Act, sections 501.201-501.213, Florida Statutes (2003)....
...he Martins. The Mandels characterized the payments as "kickbacks"; the Martins labeled them "referral commissions." In August, 2003, the Mandels filed a third amended complaint, adding claims for deceptive and unfair trade practices, in violation of section 501.201, Florida Statutes (2003), and fraud in the inducement....
...After a hearing, the court awarded $170,609.30 for attorney's fees under section
501.2105(1), reducing the amount by 5% for time spent on a replevin claim separate and apart from the other claims. The court found these other claims to be "inextricably intertwined" because they shared a "common core of facts" with the section
501.201 claim....
CopyCited 4 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 75001, 2006 WL 3393117
...collection letters to Plaintiff in violation of the FDCPA, the Florida Consumer Collection Practices Act ("FDCPA"), codified at Fla. Stat. §
559.55 et seq., and the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), codified at Fla. Stat. §
501.201 et seq....
CopyCited 4 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 9674
...or to solicit, coerce, or intimidate another person to commit ..." §
895.02(1), Fla. Stat. [9] The definition of racketeering activity under Florida's RICO statute does not include violations of the Florida Deceptive and Unfair Trade Practices Act, §
501.201 et seq....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 7501, 2003 WL 21179963
...e future, thereby rendering their equipment useless and obsolete. The plaintiffs also alleged that they were adequate class representatives. In Count I, H & J alleged a cause of action pursuant to the Florida Deceptive and Unfair Trade Practice Act, § 501.201, et seq., Fla....
CopyCited 4 times | Published | District Court, S.D. Florida
...Count I alleges that the defendants violated the Sherman Act, 15 U.S.C. §§ 1-7; Count II alleges violations of the Clayton Act, 15 U.S.C. §§ 12-27; Count III is a pendent state claim under the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat. § 501.201 et seq.; and Count IV is a pendent claim for "common law unfair trade practices." The respective defendants assert different grounds as the bases for their respective motions and, accordingly, each will be discussed separately....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2008 WL 183408
...Counts") by both AT & T and ABC, violation of sections
542.18, and
542.19, Florida Statutes (the "State Antitrust Counts"), by both AT & T and ABC, breach of contract by AT & T, and violation of the Florida Deceptive and Unfair Trade Practices Act, section
501.201, et seq., Florida Statutes, by ABC....
CopyCited 4 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 10559, 2008 WL 413962
...For the reasons given below, the court will deny defendants' motions for summary judgment and grant plaintiffs motion for partial summary judgment. BACKGROUND This is an action under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq., and the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq....
CopyCited 4 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 70799, 2009 WL 2496290
...rejudice. Count IVFlorida Deceptive and Unfair Trade Practices Act The Plaintiff alleges that she is entitled to recover against the Defendant for the following actions which violate the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201, et seq.: 1) sending Plaintiff demand letters on a debt not owed; 2) telephone contact regarding a debt not owed; 3) suspension of her driver's license; 4) obtaining her personal information; and 5) using such personal information as the personal information of another to collect a debt not owed....
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 2009 Bankr. LEXIS 2287, 2009 WL 2581712
...517); Count IV: Florida Condominium Act (Fla.Stat. §
718.202); Count V: Florida Condominium Act (Fla.Stat. §
718.503); Count VI: Florida Condominium Act (Fla.Stat. §
718.506); Count VII: Florida Unfair Trade Practices Act (Fla. Stat. §
501.201 et seq.); Count VIII: Breach of Contract; Count IX: Equitable Lien; and Count X: Declaratory Judgment....
CopyCited 3 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 20711, 2004 WL 2203769
...Eddie Accardi Jeep-Chrysler-Dodge-Subaru, *1315 for alleged violations of the Motor Vehicle Information and Cost Savings Act, commonly known as the Odometer Act, 49 U.S.C. §§ 32701-32711 (Count I), and the regulations promulgated thereunder; the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §§ 501.201-501.211 (Count II); and for common-law fraud (Count III)....
...Tuckish in an amount equal to three times the actual damages or $1,500.00, whichever is greater, plus attorneys fees and costs, pursuant to 49 U.S.C. § 32710. See Amended Complaint at ¶ 44. In Count II of the Amended Complaint, Mr. Tuckish alleges an action for injunctive relief pursuant to Florida Statute § 501.201, known more commonly as the "Florida Deceptive and Unfair Trade Practices Act" (the "DUTPA"), brought pursuant to the doctrine of pendant jurisdiction....
...Tuckish alleges the violation of the Odometer Act with the required intent to defraud. Accordingly, Mr. Tuckish stated a cause of action under the Odometer Act and the motion to dismiss is denied as to Count I. With respect to Count II, Mr. Tuckish alleges that Pompano Motor Company also violated Florida Statute § 501.201....
CopyCited 3 times | Published | District Court, S.D. Florida | 64 U.C.C. Rep. Serv. 2d (West) 24, 2007 U.S. Dist. LEXIS 74418, 2007 WL 2729810
...a detailed calculation of the damages that she believes she is entitled to if she prevails on that claim. NOTES [1] Plaintiff's three-count Complaint also alleges a cause of action for violation of Florida's Deceptive and Unfair Trade Practices Act, § 501.201, Fla....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 100 U.S.P.Q. 2d (BNA) 1061, 2011 U.S. App. LEXIS 18324, 2011 WL 3889156
...§ 1125(a) (Count III); (4)
trademark infringement in violation of Fla. Stat. §
495.151, et seq., (Count IV); (5)
misleading advertising in violation of Fla. Stat. §
817.41 (Count V); (6) common
law unfair competition (Count VI); and (7) deceptive and unfair trade practices in
violation of Fla. Stat. §
501.201, et seq....
CopyCited 3 times | Published | District Court, S.D. Florida | 51 Fed. R. Serv. 3d 136, 2001 U.S. Dist. LEXIS 16020, 2001 WL 1203145
...Plaintiff brought this four count action against Defendants for (1) violation of the Lanham Act, 15 U.S.C. § 1125 ; (2) Unauthorized Use of Name, Likeness, and Image under §
540.08 Fla. Stat; (3) conspiracy; and (4) violation of Florida’s Deceptive and Unfair Trade Practices Act, §
501.201, Fla Stat....
CopyCited 3 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 84543, 2006 WL 3359502
...[1] In an earlier, partial ruling on this Motion, the Court dismissed Counts Three and Four alleging unjust enrichment and a violation of the duty of good faith and fair dealing. See DE-90. The Court also partially dismissed Count Two alleging a violation of Florida's Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201, et seq....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2015 WL 3405994
...I
Drivers who worked for FedEx in Florida filed suit in June of 2005,
asserting a number of statutory and common-law claims against the company
(statutory claims under Florida’s Deceptive and Unfair Trade Practices Act, see
FLA. STAT. §501.201 et seq., and common-law claims for false information
negligently supplied, breach of contract, and fraud)....
CopyCited 3 times | Published | District Court, S.D. Florida | 2002 WL 1291995
...engaged.'"). See also Big Tomato v. Tasty Concepts, Inc.
972 F.Supp. 662, 663 (S.D.Fla.1997). But see Laboratorios Roldan v. Tex Intern., Inc.,
902 F.Supp. 1555, 1570 (S.D.Fla.1995) (holding that "palming off" could constitute violation of Fla.Stat. §
501.201)....
...300] is hereby modified as follows: Summary judgment in favor of Merisant is DENIED as to Count VIII, but summary judgment in favor of Alvaro Buendia is GRANTED on Count VIII, becauseas I explained in that orderMerisant has no standing to bring a claim under the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat. § 501.201....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...§ 1125 (c); Count V, Common Law Trademark Infringement; Count VI, Federal Copyright Infringement, Art. 5, Sec. 1 of the Berne Convention and 17 U.S.C. § 102 (a); Count VII, Trademark Dilution, Fla Stat. §
495.151 et seq.; Count 'VIII, Unfair and Deceptive Trade Practices, Fla. Stat. §
501.201 et seq.; Count IX, Fraudulent Transfers and Conveyances, Uniform Fraudulent Transfer Act, Fla....
CopyCited 3 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 28824, 2014 WL 888644
...ith the chiropractors’ clinical judgment, Fla. Stat. §
460.4167 , as well as the prohibition against waiver of patient co-payments and deductibles, Fla. Stat. §
817.234 (7)(a), and the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.201 et seq....
...Stat.; (3) unjust enrichment (Count 3), based on defendants’ submission of insurance claims that overstated applicable charges and sought payment for services that were misrepresented in the claim forms; (4) violation of Florida’s Unfair and Deceptive Trade Practice Act (“FDUP-TA”) (Count 4), § 501.201(1), Fla....
CopyCited 3 times | Published | District Court, S.D. Florida | 2013 WL 1136426, 2013 U.S. Dist. LEXIS 36883
...§ 1125 (a); (3) federal trademark dilution, under 15 U.S.C. § 1125 (c); (4) false designation of origin and false advertising, under 15 U.S.C. § 1125 (a); (5) state common law trademark infringement; (6) state-law deceptive acts and unfair trade practices, pursuant to Florida Statutes § 501.201; (7) trademark counterfeiting, under 15 U.S.C....
CopyCited 3 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 46476, 2008 WL 2403199
...existent, causing it to suffer great losses. Saturn filed a one-count complaint against Covad in the 17th Judicial Circuit in and for Broward County, alleging a violation of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. § 501.201, et....
CopyCited 3 times | Published | District Court, S.D. Florida | 86 Fed. R. Serv. 3d 20, 2013 U.S. Dist. LEXIS 100605
...§ 1125 (a) (Count I); False Advertising pursuant to the Lanham Act, 15 U.S.C. § 1125 (a) (Count II), common law unfair competition (Count III), violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) pursuant to Fla. Stat. § 501.201 et seq....
...The motion to dismiss Count III based on the argument that Plaintiff failed to allege that Plaintiff and Defendants are competitors is denied. Count IV In Count IV, Plaintiff asserts a claim for violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 9530, 1999 WL 533593
...Milan Davich, Jr., appeals a final summary judgment dismissing his complaint against Norman Brothers, Inc. (Norman Brothers) and Nissan Motor Company in USA (Nissan) for equitable rescission, violation of the Florida Deceptive and Unfair Trade Practices Act, section 501.201, et seq., Florida Statutes (1991) (FDUTPA), and fraud and deceit....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...for negligence and breach of warranty involving Trexler's automobile. The jury awarded Trexler damages against Fiat, but the trial judge ruled attorney's fees could not be granted because Trexler failed to allege her entitlement to them pursuant to section 501.201 et seq., Florida Statutes (1979), the Florida Deceptive and Unfair Trade Practices Act....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 410, 1988 Fla. App. LEXIS 433, 1988 WL 8109
...uit against them for damages and injunctive relief for breach of the distributorship agreement. A counterclaim sought, inter alia, damages for an illegal tying under section
542.18, Florida Statutes (1981); unfair and deceptive trade practices under section
501.201, Florida Statutes (1981); and fraudulent misrepresentations....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...order denying his motion to dismiss for lack of personal jurisdiction. The Attorney General, on behalf of the State, filed suit against BlueHippo and Rensin, alleging that these defendants violated Florida's Deceptive and Unfair Trade Practices Act, section 501.201, et....
CopyCited 3 times | Published | District Court, S.D. Florida | 2007 WL 988867
...[3] *1262 Count 3 against Defendant Albertson for unconscionable acts and unfair trade practices that Defendant Albertson coerced and otherwise induced the Supplier Defendants to refrain from dealing with the Plaintiff in violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), FLA. STAT. § 501.201, et seq....
...d otherwise induced the Supplier Defendants (1) to refrain from dealing with the Plaintiff, and (2) to give the Guitar Center preferential contractual terms in violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), FLA. STAT. § 501.201, et seq....
...dants (1) to refrain from dealing with the members of the Plaintiff Class as defined supra, and (2) to give the Guitar Center preferential contractual terms in violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), FLA. STAT. § 501.201, et seq....
CopyCited 2 times | Published | District Court, S.D. Florida
...,
388 F.3d 820 , 830 (11th Cir. 2004). Plaintiff contends that he is entitled to judgment as a matter of law on Counts XI and XII of the First Amended Complaint, which allege claims for violations of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.201 et seq....
CopyCited 2 times | Published | District Court, S.D. Florida | 2013 WL 5568726, 2013 U.S. Dist. LEXIS 147274
...to each count can hardly be taken seriously. Counts I, III, IV, VI, and XV are therefore properly stated. C. FDUTPA Defendants move to dismiss Plaintiffs’ claim under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq., on the grounds that it is not pleaded with particularity under Federal Rule of Civil Procedure 9(b), and that its damages clause is conclusory....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1191115
...Acree allegedly experienced difficulties with business software it purchased from CMS. It sued in Hillsborough County, charging that CMS had misrepresented its product and thus engaged in unfair and deceptive trade practices in violation of Florida's Little FTC Act, section 501.201, Florida Statutes (2000)....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1994 WL 622982
...for sale, or distribution of goods or services. . A "counterfeit" mark means “a spurious mark which is identical with, or substantially indistinguishable from, a registered mark.” 15 U.S.C. § 1127 . . The Court agrees with Babbit that Fla.Stat. § 501.201-213 only provides remedies for consumer transactions and has no application to this cause of action....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida
...condominium, in violation of the Florida Condominium Act §
718.506. 14 • Count XI — Mona Lisa’s alleged violation in Counts I-X constitute per se violations of the Florida Deceptive and Unfair Trade Practices Act (“FDUT-PA”) in Fla. Stat. §
501.201 et seq....
...§ 517.01 et seq.); Count IV: Florida Condominium Act ( Fla. Stat. §
718.202 ); Count V: Florida Condominium Act ( Fla. Stat. §
718.503 ); Count VI: Florida Condominium Act ( Fla. Stat. §
718.506 ); *597 Count VII: Florida Deceptive and Unfair Trade Practices Act ( Fla. Stat. §
501.201 et seq.); Count VIII: Breach of Contract; Count IX: Equitable Lien; Count X: Declaratory Judgment....
...Compare 2005 Declaration of Condominium'and 2007 Declaration of Condominium. . See Doc. No. 125 at ¶ 5. . Evers v. General Motors Corp.
770 F.2d 984, 986 (11th Cir.1985). .Doc. No. 125, at ¶ 5. . These allegations appear in Counts XVI (false misrepresentation under FDUTPA §
501.201), Count XVII (fraudulent misrepresentation), Count XIX (negligent misrepresentation), and Count XX (unilateral mistake) of plaintiffs’ Second Amended Complaint (Doc....
....” Butler v. Yusem,
44 So.3d 102, 105 (Fla.2010). Note that justifiable reliance is not an element of fraudulent misrepresentation. Specialty Marine & Industrial Supplies, Inc. v. Venus,
66 So.3d 306, 310 (Fla.App. 1st Dist.2011). . Fla. Stat. §
501.201 et seq....
CopyCited 2 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 81154, 2008 WL 2215059
...In Count IX, plaintiff asserts that defendants' conduct in bulk purchasing TracFone/Net 10 Prepaid Phones, reflashing, disabling or removing the software and then reselling the relished phones as new "constitutes unlawful, deceptive and unfair trade practices in violation of F.S.A. § 501.201 et seq." See Cpt., ¶¶ 93 & 94....
CopyCited 2 times | Published | District Court, S.D. Florida | 74 U.C.C. Rep. Serv. 2d (West) 103, 2011 U.S. Dist. LEXIS 22912, 2011 WL 832432
...INTRODUCTION Plaintiff Howard Moss commenced this action on October 29, 2010, on behalf of himself and all others similarly situated against Defendant Walgreen Co. His Complaint alleges two counts: (1) violations of *1365 the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq....
CopyCited 2 times | Published | District Court, S.D. Florida | 2013 WL 1003625, 2013 U.S. Dist. LEXIS 58439
...ainst Cabreja and Treve; Count 6: Breach of Duty of Loyalty against Cabreja and Treve; Count 7: Breach of Contract Implied in Law against Cabreja and Treve; Count 8: Violation of the Florida Deceptive and Unfair Trade Practices Act, Florida Statute, Section 501.201, et seq., (hereafter “FDUTPA”) against all Defendants; Count 9: State Common Law Unfair Competition against all Defendants; Count 10: Tortious Interference with Business Relationship against Raquel Cabreja and Trevemed; and Count 11: Civil Conspiracy against all Defendants....
CopyCited 2 times | Published | District Court, M.D. Florida
...1): fraudulent inducement (count one); violation of the Florida Franchise Act, Fla. Stat. §
817.416 (count two); violation of the Florida Sale of Business Opportunities Act, Fla. Stat. §
559.80 , et seq. (count three); violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. §
501.201 , et seq....
CopyCited 2 times | Published | District Court, M.D. Florida | 2009 WL 2242372
...SI/ITI. (2) Unfair and Deceptive Trade Practices In Count IV of the Second Amended Complaint, plaintiff asserts a claim of unfair and deceptive trade practices in violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), FLA. STAT. § 501.201 et seq....
CopyCited 2 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 63515, 2008 WL 2901748
...Pop’s”, and Zuccarelli’s Italian Restaurant, “Zuccarelli’s”, filed a three Count Class Action Complaint against the Defendant NuC02, Inc., “NUCO” alleging violations of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 , et seq., (“FDUTPA”), Breach of Contract and Unjust Enrichment [D.E....
CopyCited 2 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 171462, 2014 WL 7011022
...1; DE 24 at 4.] Based upon these incorrect Monroney Stickers, Plaintiffs bring three claims against Defendant. Count I of Plaintiffs’ Amended Complaint alleges violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 12821, 2016 WL 4445942
...We conclude that appellants have not shown the trial court erred on the law or abused its discretion in issuing these orders and affirm. We write to address some of the issues raised in this appeal. The AG filed a complaint against appellants pursuant to the Florida Deceptive and Unfair Trade Practices Act (FDUT-PA), section 501.201-501.213, Florida Statutes (2015), seeking injunctive relief, restitution, civil penalties, attorney’s fees, and other equitable relief....
CopyCited 2 times | Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 31000
...On September 4, 2003, AAA faxed the Parties a copy of what the Panel called "Interim Arbitration Findings and Award" (Interim Award). [1] In the Interim Award, the Panel found in favor of Respondent on Count I, Breach of Contract, and Count IV, Florida's Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 (FDUTPA)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 106634, 2015 WL 4761647
...§ 2601 , et seq.; the Fair Credit1 Reporting Act (“FCRA”), 15 U.S.C. § 1681 , et seq.; the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 , et seq.; the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201 , et seq.; and the Racketeer Influenced and Corrupt Organizations • Act (“RICO”), 18 U.S.C....
CopyCited 2 times | Published | District Court, S.D. Florida
...BACKGROUND Plaintiff brings this consumer class action on behalf of people who purchased food and/or drinks at restaurants or public food service establishments owned or controlled by Defendants in Florida and who were charged a gratuity or service charge in violation of the Florida Deceptive Unfair Trade Practices Act, Section 501.201 et seq....
CopyCited 1 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 138774, 2015 WL 5885379
...eks a declaratory judgment that Defendants’ billing practices violate the Florida PIP Statute, Fla. Stat. § 627.735 , et seq.,(Count I) and that Defendants’ ac *1379 tions violate Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 , et seq....
CopyCited 1 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 130147, 2012 WL 3893772
...The first claim is that Nationwide is liable for violating a portion of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 (b)(l)(A)(iii). Plaintiffs second claim is that Nationwide violated the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), § 501.201 et seq., Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 82598, 2009 WL 2913505
...Deceptive and Unfair Trade Practices (FDUTPA)Count IX After incorporating the first 63 paragraphs of the Second Amended Complaint, plaintiffs allege in Count IX against all defendants, that their conduct constitutes a violation of the Florida Deceptive and Unfair Trade Practices Act (the "FDUTPA"), FLA. STAT. § 501.201, et seq....
CopyCited 1 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 118462, 2011 WL 4454913
...s action waiver in a consumer contract's arbitration *1371 agreement. The Cruz plaintiffs were customers of AT & T Mobility, LLC. [6] They filed a class action lawsuit under the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. § 501.201, et seq., challenging AT & T's practice of charging them a $2.99 monthly fee for an optional "Roadside Assistance Plan" that they never ordered....
CopyCited 1 times | Published | District Court, S.D. Florida
...On March 20, 2016, Plaintiff bought a trip insurance policy on American's website. [ECF No. 1, ¶ 40]. On September 12, 2016, based on the above-discussed "kickback" scheme, Plaintiff filed a two-count class action against American for violation of Florida's Deceptive and Unfair Trade Practices Act (FDUTPA), Florida Statute § 501.201 et seq....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 7967, 2016 WL 3002341
...ding advertising in
violation of the Cemetery Services Act’s related Florida
Administrative Code Rule 69K-29.001 (2013);
(III) a per se violation of the Florida Deceptive and Unfair
Trade Practices Act, section 501.201, et seq., Florida
Statutes (2013) (“FDUTPA”); and
(IV) intentional or reckless infliction of emotional distress.
Specifically, the widow alleged that the defendants’ actions violated
“Jewish burial custo...
CopyCited 1 times | Published | District Court, S.D. Florida | 2012 WL 718794, 2012 U.S. Dist. LEXIS 28253
...on any transaction. 2 Plaintiffs allege that these agreements explicitly impose upon Defendants various fiduciary duties and obligations. 3 Plaintiffs also allege that Florida law imposes fiduciary duties on Defendants, specifically, Florida Statute § 501.201....
CopyCited 1 times | Published | District Court, M.D. Florida
...Thus, Plaintiff alleges that he was overcharged either $1.50 or $0.31, respectively. (Id.). Plaintiff alleges claims for breach of contract (Count I), disgorgement and restitution (Count II), unjust enrichment (Count III), and violations of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq., (Counts IV and V)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 45613, 2012 WL 1103279
...ith customers, and civil conspiracy. On September 7, 2010, Hennegan filed an Amended Complaint (DE # 10) that included a claim of deceptive trade practices pursuant to the Florida Deceptive & Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201 ....
CopyCited 1 times | Published | District Court, M.D. Florida
...bursement- i.e. , $20,000-subject to a setoff for the $9,750 eventually paid by Halifax. (Complaint at 27). Based on these same allegations, MSPAC also asserts a claim under the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. § 501.201 et seq....
CopyCited 1 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 17770, 2005 WL 1432788
...cular purpose; (F) that Relm's October 1, 2002 constitutes a negligent misrepresentation; and (G) that the foregoing alleged contractual breaches and tort, further, make a violation of the Florida Deceptive and Unfair Trade Practices Act, FLA. STAT. § 501.201 et seq....
CopyCited 1 times | Published | District Court, S.D. Florida | 2016 WL 4374970, 2016 U.S. Dist. LEXIS 111145
...For the reasons explained below, the Motion is denied. I. BACKGROUND 2 The Amended Complaint states two claims for relief: the first is brought *1335 against both Defendants under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Florida Statutes section 501.201-501.2101 (First and Second Causes of Action); 3 and the second is for breach of contract (Third Cause of Action) against Cemex Construction....
CopyCited 1 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 78642, 2011 WL 2893623
...at 33). IV. Analysis Suntree brings claims under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (Count I), common law trademark infringement and unfair competition (Count II), and the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), section 501.201 et seq., Florida Statutes (Count III)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 70657, 2010 WL 2776562
...w on Counts VIII, X, XI, XII, XIII, XIV and XV of ITI's Second Amended Counterclaim. (Doc. 43 at 1). In Count VIII of its Second Amended Counterclaim, ITI asserts that Intertape violated Florida's Deceptive and Unfair Trade Practices Act, FLA. STAT. § 501.201 et seq., by engaging in unfair competition and making false advertisements....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 14 Fla. L. Weekly Fed. B 319, 2001 Bankr. LEXIS 871, 38 Bankr. Ct. Dec. (CRR) 28
...t for the Fifteenth Judicial Circuit in and for Palm Beach County, Florida ("state court action"). The complaint filed by the Plaintiff contains four counts, consisting of the following: (1) deceptive and unfair trade practices under Florida Statute § 501.201; (2) false descriptions under 15 U.S.C....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18687
...ation and reservation of jurisdiction previously mentioned. See Mainlands of Tamarac, etc. v. Morris,
388 So.2d 226 (Fla. 2d DCA 1980). It was pointed out that Count VII of the appellees’ amended complaint was brought pursuant to the provisions of Section
501.201, et seq., Florida Statutes (1981) and that there, too, the appellants prevailed....
...ansaction.” We deem this reasoned rejection to be error and reverse. An examination of appellee’s amended complaint, count VII entitled, “Deceptive and Unfair Trade Practices,” reveals that it was grounded specifically upon the provisions of Section 501.201, Florida Statutes (1981) and appellees claimed for themselves attorney fees thereunder....
CopyCited 1 times | Published | District Court, M.D. Florida
...§ 1114 and Florida common law, trademark counterfeiting under 15 U.S.C. § 1114 , unfair competition under 15 U.S.C. § 1125 (a) and Florida common law, cyberpiracy under 15 U.S.C. § 1125 , and violation of the Florida Deceptive and Unfair Trade Practices Act under Fla. Stat. § 501.201 et seq....
CopyCited 1 times | Published | District Court, M.D. Florida
..."). The Federal Trade Commission ("FTC") and the State of Florida began investigating Defendants for multiple violations of Section 5 of the FTC Act, 15 U.S.C. § 45 (a)(1), the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. § 501.201 et....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 2010 WL 3359527
...517); Count IV: Florida Condominium Act (Fla.Stat. §
718.202); Count V: Florida Condominium Act (Fla.Stat. §
718.503); Count VI: Florida Condominium Act (Fla.Stat. §
718.506); *188 Count VII: Florida Unfair Trade Practices Act (Fla.Stat. §
501.201 et seq.); Count VIII: Breach of Contract; Count IX: Equitable Lien (asserted only against BankFirst, who plaintiffs recently, voluntarily dismissed); and Count X: Declaratory Judgment....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1992 WL 206432
...es (1991), we conclude that this would involve a "disposition of ... a consumer service" that could constitute either an unfair method of competition or an unfair or deceptive act for purposes of the Florida Deceptive and Unfair Trade Practices Act, section 501.201, Florida Statutes (1991)....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 13197, 2015 WL 5163747
...Pursuant to section
553.842(5), products sold, provided, or marketed for windstorm, hurricane, or impact protection must receive either statewide approval or local approval under section
553.8425, Florida Statutes, to avoid being subject to the Florida Deceptive and Unfair Trade Practices Act, section
501.201-501.213, Florida Statutes,....
CopyPublished | Court of Appeals for the Eleventh Circuit
...emical
analyzer tests, and free consulting services.
7
Case: 14-14281 Date Filed: 09/03/2015 Page: 8 of 45
Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201, et seq.; and constituted
unfair competition under Florida common law....
...Florida
Complaint. That document bore only a superficial resemblance to either its Florida or
California predecessors. Now, Ameritox sought to recover based on Millennium’s
violations of the Lanham Act, 15 U.S.C. § 112, the FDUTPA, Fla. Stat. § 501.201, et
seq.6, the California Business and Professions Code, Cal....
...a matter of law, e.g., that a Stark or AKS violation
necessarily involves actions the state has deemed tortious.
11
Case: 14-14281 Date Filed: 09/03/2015 Page: 12 of 45
§ 501.201, et seq., (II) Cal....
CopyPublished | Court of Appeals for the Eleventh Circuit
...§ 1125(a) (Count III); (4)
trademark infringement in violation of Fla. Stat. §
495.151, et seq., (Count IV); (5)
misleading advertising in violation of Fla. Stat. §
817.41 (Count V); (6) common
law unfair competition (Count VI); and (7) deceptive and unfair trade practices in
violation of Fla. Stat. §
501.201, et seq....
CopyPublished | Court of Appeals for the Eleventh Circuit | 104 U.S.P.Q. 2d (BNA) 1953, 2012 WL 3930668, 2012 U.S. App. LEXIS 19104
...Plaintiff Order filed suit against The Florida Priory in July of 2009 asserting infringement and false advertising claims under the Lanham Act, 15 U.S.C. § 1051 et seq., as well as state law claims for unfair competition and violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.201 et seq....
CopyPublished | Court of Appeals for the Eleventh Circuit
...009 asserting
infringement and false advertising claims under the Lanham Act, 15 U.S.C. § 1051
et seq., as well as state law claims for unfair competition and violation of the
Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.201
et seq....
CopyPublished | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 144857, 2015 WL 6395040
...Defendant filed its Answer and Defenses to the Second Amended Class Action Complaint on August 5, 2015. [DE 113]. Thus, the following claims remain at issue in the present litigation: (1) Violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 26 Fla. L. Weekly Fed. B 179, 2016 Bankr. LEXIS 3797
...esented at trial to support any claim of overfunding. CONCLUSIONS OF LAW Counts I and II: Violation of Florida’s Deceptive and Unfair Trade Practice’s Act D.R. Horton violated Florida’s Deceptive and Unfair Trade Practices Act, Florida Statute 501.201, et seq....
CopyPublished | District Court, S.D. Florida
...In his Complaint, Plaintiff alleges nine counts: (1) violation of the Consumer Leasing Act, 15 U.S.C. § 1667 , et seq. , and *1279 Regulation M, 12 C.F.R. § 213 (against all Defendants); (2) per se violation of the Florida Deceptive and Unfair Trade Acts, Fla. Stat. § 501.201 , et seq....
...anted as to Defendants Porsche Leasing and Porsche N.A. C. Count 2, 3, 4 - FDUTPA Defendants move for summary judgment on Counts 2, 3, and 4, which all allege violations under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.201 ....
CopyPublished | Florida 3rd District Court of Appeal
...The FDUTPA Claim
Avant next challenges what appears to be the trial court’s
determination in the Amended Final Judgment that Avant is liable to
Aquastar in an indeterminate amount for Avant’s violation of Florida’s
Deceptive and Unfair Trade Practices Act. See § 501.201 et seq., Fla....
CopyPublished | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 25316, 2002 WL 31956277
...Defendants also filed a counterclaim seeking a declaratory judgment, a temporary injunction, and a permanent injunction; and seeking damages for common law unfair competition, trade libel/disparagement in violation of 15 U.S.C. § 1125(a) and unfair and deceptive trade practices in violation of § 501.201 et seq., Florida Statutes....
...Defendants also filed a counterclaim seeking a declaratory judgment, a temporary injunction, and a permanent injunction; and seeking damages for common law unfair competition, trade libel/disparagement in violation of 15 U.S.C. § 1125(a) and unfair and deceptive trade practices in violation of §§ 501.201 et....
...Therefore summary judgment is inappropriate as to Count I of the counterclaim. The counterclaim also alleges common law unfair competition (count II); trade libel/disparagement pursuant to 15 u.s.c. § 1125(A) (Count III); Unfair and deceptive trade practices pursuant to §§ 501.201 et seq., Florida statutes (count IV); and seeks temporary and permanent injunctions (Count V)....
CopyPublished | Florida 1st District Court of Appeal | 2007 WL 4145236
...In this non-final appeal, appellants seek reversal of the trial court's certification under Florida Rule of Civil Procedure 1.220(b)(2) and (b)(3) of two classes of consumers claiming violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), section 501.201 et seq., Florida Statutes (2005)....
CopyPublished | Florida 3rd District Court of Appeal
...led suit
against BioPledge and the Barangas in the circuit court of Miami-Dade
County. In the operative complaint, EcoVirux alleged counts for fraud,
conspiracy to commit fraud, negligent misrepresentation, breach of contract,
and violation of section 501.201 et seq., Florida Statutes (2020), known as
the “Florida Deceptive and Unfair Trade Practices Act.” The claims all
centered around common allegations that BioPledge and the Barangas
misrepresented their ownership of the distribution rights and effectiveness of
the product....
CopyPublished | Court of Appeals for the Eleventh Circuit
...of all persons in Illinois who purchased the supplements, and (3) Damore sought to
represent a class of all persons in New York who purchased the supplements. The
plaintiffs brought claims against IQ under the Florida Deceptive and Unfair Trade
Practices Act, Fla. Stat. § 501.201 et seq.; against both defendants under the
Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1, et
seq; against both defendants under New York General Business Law § 349, et seq;
and against both defendants for common law fraud and unjust enrichment....
CopyPublished | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 117098, 2010 WL 4282106
...for the product and would have bought one of *691 the less expensive brands available on the market.” Id. ¶ 38. Accordingly, on October 13, 2009, Plaintiff filed a class action complaint. Id. ¶ 39. The Complaint alleged three counts: 1) a violation of Florida’s Deceptive and Unfair Trade Practices Act, section
501.201, et seq., Florida Statutes (“FDUTPA” or “the Act”); 2) False and Misleading Advertising in violation of section
817.41, Florida Statutes; and 3) Unjust Enrichment....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1988 WL 106037
...discretion by refusing to impose Rule 11 sanctions in this case. We therefore affirm the district court’s denial of Rule 11 sanctions in appeal No. 87-5381. AFFIRMED. . These included the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat. § 501.201-.213 (1987); id....
CopyPublished | Florida 2nd District Court of Appeal | 1974 Fla. App. LEXIS 7295
enactment of Chapter 73-124, Laws of Florida (Section
501.201-501.213, 570.283 Florida Statutes, F.S.A.)
CopyPublished | District Court, M.D. Florida | 2008 U.S. Dist. LEXIS 39543, 2008 WL 2074411
...ants' relationship with the policy issuers or sellers. Based on these assertions, Plaintiffs filed a three-count complaint against Defendants alleging: Count Iviolation of the Florida Deceptive and Unfair Trade Practices Act ("FDUPTA"), Fla. Stat. § 501.201, et seq....
CopyPublished | Florida 3rd District Court of Appeal
...on which the jury could reasonably find for the plaintiff.”)
Affirmed.
1
Oliva’s filed a two-count complaint, alleging negligent misrepresentation
and violation of Florida’s Deceptive and Unfair Trade Practices Act
(“FDUTPA”), see section 501.201 et....
CopyPublished | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 27026, 2015 WL 997864
...g Practices Act (“FMFMPA”), § 526.801 et seq., Florida Statutes (2014), by selling gasoline at its retail stations below cost. Plaintiff also asserts that this conduct violates the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) § 501.201 et seq., Florida Statutes (2014)....
CopyPublished | District Court, S.D. Florida | 2013 WL 1164490
Florida’s Deceptive Trade Practices Act, FI. Stat. §
501.201, et seq.; (2) violations of Florida’s Funeral
CopyPublished | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 68466, 2011 WL 2455878
...Plaintiffs' Claims The parties also dispute whether the Courts' rulings on the amounts recoverable under Florida common law affect whether *1353 summary judgment should be granted on plaintiffs' claims under the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 (FDUTPA) and for unjust enrichment....
CopyPublished | District Court, M.D. Florida | 2014 U.S. Dist. LEXIS 40339, 2014 WL 1236240
...n Defendants’ alleged violations of the Patient Brokering Act (Fla.Stat. §
817.505), the Patient Self-Referral Act (Fla.Stat. §
456.053), the Anti-Kickback Statute (Fla.Stat. §
456.054), the Deceptive and Unfair Trade Practices Act ( Fla. Stat. §
501.201 et seq.) (“FDUTPA”), the laws concerning grounds for disciplinary action against chiropractors related to advertising and solicitation (Fla.Stat....
CopyPublished | Court of Appeals for the Eleventh Circuit
...on both copyrights by digitally
sampling a portion of BMBH in PYOG.18 Saregama also sued for common law
copyright infringement, unfair competition, and a violation of the Florida Deceptive
and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201, et seq....
CopyPublished | District Court, S.D. Florida | 2012 WL 957536, 2012 U.S. Dist. LEXIS 38115, 23 Fla. L. Weekly Fed. D 210
...ts’ communications in Florida and has therefore failed to allege statutory personal jurisdiction under §
48.193(l)(b). In Claim Five, Plaintiff asserts a violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. §
501.201 et seq....
CopyPublished | District Court, S.D. Florida | 1981 U.S. Dist. LEXIS 9480
...Count I alleges that the defendants violated the Sherman Act, 15 U.S.C. §§ 1-7 ; Count II alleges violations of the Clayton Act, 15 U.S.C. §§ 12-27 ; Count III is a pendent state claim under the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat. § 501.201 et seq.; and Count IV is a pendent claim for “common law unfair trade practices.” The respective defendants assert different grounds as the bases for their respective motions and, accordingly, each will be discussed separately....
CopyPublished | Court of Appeals for the Eleventh Circuit
...position.” Second, he alleged the guns could fire when dropped (the “drop-fire defect”) because they lacked a “trigger blade safety.” Carter sued Taurus for (1) violations of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 ; (2) negligence; (3) strict liability; (4) breach of express warranties; (5) breach of the implied warranty of merchantability; (6) violations of the Magnuson-Moss Warranty Act, 15 U.S.C....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Distance
had breached the 2006 Agreement and had violated section 43(a) of the Lanham
Act, 15 U.S.C. § 1125(a); the Anticybersquatting Consumer Protection Act, id. §
1125(d); and the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.201 et seq....
...The Remaining Grounds for Relief Asserted by Crystal Are Without Merit.
The remaining grounds for relief asserted by Crystal are without merit and
warrant little discussion. First, the claim of Crystal under the Florida Deceptive
and Unfair Trade Practices Act, Fla. Stat. §
501.201 et seq., fails because the legal
standards we apply to that claim are the same as those we have applied under
section 43(a) of the Lanham Act, see Custom,
508 F.3d at 652–53....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 16, 2022
...Four
of plaintiffs’ claims fall into this category.
Three are easy. First, the district court certified a class of
plaintiffs who sued under the Florida Deceptive and Unfair Trade
Practices Act, Fla. Stat. § 501.201 et seq....
CopyPublished | Florida 4th District Court of Appeal
...damages related to his purchase of two vehicles (“First Truck” and “Second
Truck”). Alvarado brought his claims in four separate but related counts:
1) violation of the Florida Unfair and Deceptive Trade
Practices Act (“FDUTPA”) section
501.201 pertaining to
both trucks;
2) violation FDUTPA section
501.976 on the Second Truck;
3) violation of the Florida Motor Vehicle Retail Sales Finance
Act section
520.08 on the First Truck and violation of...
...purchased for a net price of $16,648.91 with a shorter repayment period
and smaller monthly payments. Within a few months, Alvarado traded in
the Second Truck towards the purchase of another vehicle at another
dealership.
1 The jury found Maroone did not violate section
501.201 on the First Truck and,
therefore, awarded no damages on the First Truck under Count 1. The jury
awarded damages for the Second Truck under section
501.976 for Alvarado’s
claim in Count 2 but awarded no damages related to the Second Truck from
Alvarado’s claim under section
501.201 in Count 1.
2 Alvarado claimed that he asked for Maroone to return his $12,000.00 down
payment and other payments on the First Truck.
2
Alvarado sued Maroone in late 2003, amending his comp...
...The third amended complaint alleged four counts for violations of FDUTPA
on both trucks, a violation of sections
520.08 and
520.07 on the First and
Second Truck, respectively, and fraud in the inducement.
The jury returned a verdict, finding Maroone:
(1) did not violate section
501.201 on the First Truck but had
violated section
501.976 on the Second Truck, awarding
Alvarado $6,768.76;
(2) willfully violated section
520.08 by charging above the
finance charge limit on the First Tr...
CopyPublished | District Court, S.D. Florida
...ion 2607(b) of RESPA; Count 3: Common law fraudulent misrepresentation and/or omission: Count 4: Common law negligent misrepresentation and/or omission; and *1421 Count 5: Violation of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 , et seq....
CopyPublished | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 77090, 2009 WL 2252249
...§ 1125(a); (2) Federal Trademark Dilution pursuant to 15 U.S.C. § 1125(c); (3) Cancellation of Trademark pursuant to Fla. Stat. §
495.101; (4) Unfair Competition under Florida law; and *1160 (5) Deceptive and Unfair Trade Practices pursuant to Fla. Stat. §
501.201....
CopyPublished | District Court, M.D. Florida
...On December 5, 2018, Plaintiffs filed their Third Amended Complaint (Doc. 251) asserting claims for tortious interference with existing contracts (Count I), civil conspiracy (Counts III & IV), violation of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq....
CopyPublished | District Court, N.D. Florida | 2016 U.S. Dist. LEXIS 97
Florida Deceptive and Unfair Trade Practices Act, §
501.201 et seq., Florida Statutes, and a breach of a uniform
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14046
...The buyers filed a four-count complaint against Palm Chevrolet and its salesman, Brannon, demanding specific performance, compensatory damages and punitive damages. Count two of the complaint was brought pursuant to the Florida Deceptive and Unfair Trade Practices Law, Section 501.201-501.213, Florida Statutes (1977)....
CopyPublished | District Court, S.D. Florida | 2012 WL 12382
...e throughout the State of Florida. (See id. ¶ 5). In their Complaint, Plaintiffs bring claims pursuant to Section 1 of the Sherman Act, 15 U.S.C. § 1 , and under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Florida Statutes § 501.201, et seq....
CopyPublished | District Court, S.D. Florida | 2012 WL 252628, 2012 U.S. Dist. LEXIS 9969
...rance, which led Defendants to force place additional flood insurance at Borrowers’ expense, as described above. Second, Borrowers assert that these acts violate Florida’s Deceptive and Unfair Trade *1283 Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq....
CopyPublished | District Court, S.D. Florida | 2017 WL 372022, 2017 U.S. Dist. LEXIS 10906
...In the instant motion, State Farm seeks summary judgment in their favor against Defendant Noel Ruiz, the only remaining Defendant in this action, 1 on their claims for *1260 unjust enrichment and violations of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq., 2 arising from their allegations that Ruiz engaged in a scheme to circumvent Florida health care clinic licen-sure laws and, in so doing, obtained hundreds of thousands of dollars in Personal Injury Protection (“PIP”) benefits from them....
CopyPublished | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 20545, 2015 WL 730039
...age for other medical services and leaving them with medical expenses in excess of what they would otherwise have to pay. Plaintiffs allege causes of action for violation of the Florida Deceptive Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq., breach of contract, and breach of implied covenant of good faith and fair dealing....
CopyPublished | Florida 3rd District Court of Appeal
...eclaratory action against A
& C and fourteen other medical providers. In the federal complaint, GEICO
alleged A & C engaged in unlawful billing practices. The complaint contained
2
counts for violations of section 501.201 et seq., Florida Statutes (2018), the
“Florida Deceptive and Unfair Trade Practices Act,” common law fraud, and
unjust enrichment and GEICO specifically sought a declaration that A & C
had “no right to receive payment for any...
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
Robert A. Butterworth Attorney General (gh) 1 Section
501.201, F.S. 2 Section
501.202, F.S. 3 Section 501
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jun 29, 2023
...s, but each package
was underweight.
The Restaurants filed a putative class action in state court
against Sysco, asserting claims for breach of contract under Florida
law and violation of the FDUTPA, FLA. STAT. § 501.201 et seq.
Sysco removed the case to federal court and filed a motion to
dismiss....
CopyPublished | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 128360, 2010 WL 5058519
...§ 501, et seq.; (5) a violation of the Digital Millennium Copyright Act, 17 U.S.C. § 1202(b) (the "DMCA"); (6) injury to business reputation in violation of Section
495.151, Florida Statutes; (7) deceptive and unfair trade practices in violation of Section
501.201, Florida Statutes; and (8) unfair competition, misappropriation, and conversion....
CopyPublished | Court of Appeals for the Eleventh Circuit
...of customers contemplated by the Collaboration, and filed the instant lawsuit
seeking damages and equitable relief based on alleged violations of Section 1 of
the Sherman Act, 15 U.S.C. § 1, and the Florida Deceptive and Unfair Trade
Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq....
CopyPublished | Court of Appeals for the Eleventh Circuit
...009 asserting
infringement and false advertising claims under the Lanham Act, 15 U.S.C. § 1051
et seq., as well as state law claims for unfair competition and violation of the
Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.201
2
et seq....
CopyPublished | District Court, N.D. Florida | 2014 U.S. Dist. LEXIS 175004, 2014 WL 6997611
...This is the primary display panel: *1330 [[Image here]] The plaintiffs seek recovery based solely on the assertion that the primary display panel is misleading. They assert claims under the Florida Deceptive and Unfair Trade Practices Act (Fla.Stat. § 501.201 et seq.), under the Florida false advertising statute (Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 12810, 2016 WL 4493351
...ey’s fees. • Case law establishes that where there are multiple theories of liability directed at a set of facts, a defendant is entitled to recover fees for prevailing on a claim-under the Florida Deceptive and Unfair Trade Practices Act, .§■§ 501.201-.213, Florida Statutes (2014) (“FDUTPA”), if it prevails not only- on the FDUTPA claim, but also on all pleaded legal theories, such that it obtains a judgment in its favor on the entire case....
CopyPublished | United States Bankruptcy Court, N.D. Florida | 22 Fla. L. Weekly Fed. B 56, 2009 Bankr. LEXIS 3204, 2009 WL 3365979
...Accordingly, I find that there are no undisputed issues of material fact and the Defendant is entitled to judgment as a matter of law. III. In Count III, the Debtor asserts a claim under §
501.2077 of the Florida Deceptive and Unfair Trade Practices Act (the "FDUTPA"), Fla. Stat. §
501.201 et seq....
CopyPublished | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 73605, 2009 WL 2579278
...§ 1125(a) (Count III); (4) trademark infringement in violation of Fla. Stat. §
495.151 et seq. (Count IV); (5) misleading advertising in violation of Fla. Stat. §
817.41 (Count V); (6) common law unfair competition (Count VI); and (7) deceptive and unfair trade practices in violation of Fla. Stat. §
501.201 et seq....
CopyPublished | Court of Appeals for the Eleventh Circuit
...claims, can establish the jurisdictional amount in controversy.
B. ATTORNEY FEES
On behalf of the class, Cohen brought claims under Florida statutes that
prohibit deceptive business practices, see Fla. Stat. § 501.201 et seq., and
misleading advertising, see Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Plaintiffs filed an Amended Class Action Complaint against ATTM in the United
States District Court for the Middle District of Florida. [Compl., Dkt. 5.] The
Plaintiffs alleged that ATTM violated the Florida Deceptive and Unfair Trade
Practices Act (“FDUTPA”),5 Fla. Stat. § 501.201, et seq., by charging them $2.99 a
month for a “Roadside Assistance Plan” (“RAP”) that they never ordered....
CopyPublished | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 138637, 2015 WL 5852921
...ate the Florida Personal Injury Protection Statute, Fla. Stat. § 627.735 , et seq., (hereinafter “PIP”) (Count I) and that Defendants’ actions violate Florida’s Deceptive and Unfair Trade Practices Act (hereinafter “FDUTPA”), Fla. Stat. § 501.201 , et seq....
CopyPublished | Florida 3rd District Court of Appeal
...violations of the federal Fair
Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (2021), the Florida
Consumer Collection Practices Act, section
559.72(18), Florida Statutes
(2021), and the Florida Deceptive and Unfair Trade Practices Act, section
501.201 et seq., Florida Statutes (2021)....
CopyPublished | Florida 3rd District Court of Appeal
...violations of the Florida Racketeering Influenced and Corrupt Organizations
Act (“RICO”), as codified in section
772.101 et seq., Florida Statutes (2020),
and the Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”), as
codified in section
501.201 et....
CopyPublished | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 38721
...mnification. (Doc. 164 at 19). [19] On May 21, 2009,
2009 WL 1444410, the Court dismissed Count V of the Amended Complaint, which asserted a claim for breach of the implied covenant of good faith and fair dealing. (Doc. 25 at 8). [20] See FLA. STAT. §
501.201 et seq....
CopyPublished | District Court, M.D. Florida | 2013 WL 1501846, 2013 U.S. Dist. LEXIS 55112
...1) Foxx brought four claims against certain defendants: a claim under the FCRA (Count I); a claim under Florida Consumer Collection Practices Act, Fla. Stat. §§
559.55-559.785 , (“FCCPA”)(Count II) ; a claim under the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.201-501.213 , (“FDUTPA”)(Count III) , and a claim for breach of contract (Count IV)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 2, 2023
...plaint in the Southern District of Florida. This consolidated class
action alleges that RB’s advertising for the Neuriva Products em-
ployed false and misleading statements in violation of the Florida
Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et
seq., the California Unfair Competition Law, Cal....
