CopyCited 277 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3686484
...or of pest control operators who will not operate in accordance with the rules. See §§
482.161, .191, Fla. Stat. Furthermore, both the State Attorney's Office and the Department of Legal Affairs may address violations of FDUTPA administratively. §§
501.203,
501.207, Fla....
...ve acts or practices," it does provide that a violation of "[a]ny law, statute, rule, regulation, or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices" is a violation of this statute. § 501.203(3)(c)....
CopyCited 76 times | Published | Florida 3rd District Court of Appeal | 2000 WL 986399
...good or service, or any other article, commodity, or thing of value, wherever situated. "Trade of commerce" shall include the conduct of any trade or commerce, however, denominated, including any nonprofit or not-for-profit person or activity. See §§ 501.203(6), (7), (8), Fla....
...4th DCA 1999) wherein the fourth district granted a petition for certiorari in an action brought pursuant to FDUTPA and the Consumer Collection Practices Act, §§
559.55-785, Fla. Stat. (1997), and quashed a discovery order, in part, to limit the discovery request solely to Florida residents. The court, citing to sections
501.203(4) and
559.55(6) concluded that both of these acts are for the protection of in-state consumers from either in-state or out-of-state debt collectors....
...Violations under FDUTPA may be based, among other things, upon any rules promulgated pursuant to the Federal Trace Commission Act, 15 U.S.C. §§ 41 et seq. and/or the standards of unfairness and deception set forth and interpreted by the Federal Trade Commission or the federal courts. See § 501.203(3)(a), (b)....
CopyCited 34 times | Published | Florida 1st District Court of Appeal | 1996 WL 225715
...as a rule of construction, provides that the act "shall be construed liberally to promote [such] policies...." §
501.202, Fla.Stat. (1993). Under the Florida DTPA a "consumer" is defined to include "an individual," like Mack and her class members. §
501.203(7), Fla. Stat. (1993). A consumer, like Mack, who has suffered a loss as a result of a "violation of this part," may bring an action for damages. §
501.211(2), Fla.Stat. (1993). The Florida DTPA defines "violation of this part" in subsection
501.203(3), as follows: (3) "Violation of this part" means any violation of this act and may be based upon any of the following: (a) Any rules promulgated pursuant to the Federal Trade Commission Act, 15 U.S.C....
...2009, 2015-16,
90 L.Ed.2d 445 (1986) (finding that antitrust violations are unfair methods of competition under the FTC Act). Thus, the acts proscribed by subsection
501.204(1) include antitrust violations. While subparagraphs (a) through (c) of subsection
501.203(3) set forth possible violations which would permit recovery under the Florida DTPA, it is clear that the legislature did not intend this list to be exclusive....
...The purpose of DTPA, in part, is: (2) To protect the consuming public 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), Fla.Stat. (1993). [12] Sections
501.203(5),
501.204(1), and
501.211(2), Fla.Stat....
CopyCited 34 times | Published | Florida 2nd District Court of Appeal | 1997 WL 125902
...Based on these core facts, the appellants sought damages in two counts of their complaint. In count one, founded on the FDUTPA, the appellants claimed that the purchase of the vehicle from the appellee was a consumer transaction within the meaning of section 501.203....
...age to other property. §
501.212(3). The legislature specifically defined the type of property which is the subject of such a transaction for which actual damages were recoverable to include "an item of goods, a consumer service, or an intangible." §
501.203(1)....
...analyzed are found virtually word for word in the 1991 version which is at issue in this case. We also point out that in 1993 the legislature amended some of these provisions. Ch. 93-38, § 1, at 207 (amending §
501.202); § 2, at 207-209 (amending §
501.203); § 3, at 209 (amending §
501.204); § 11, at 212 (amending §
501.2105); § 12, at 212 (amending §
501.211); § 13, at 212 (amending §
501.212), Laws of Fla....
...As a further example, the legislature enacted a more expansive definition of the type of property that is the subject of a consumer transaction to now include "any good or service, or any property, whether tangible or intangible, or any other article, commodity, or thing of value, wherever situated." § 501.203(8). See also § 501.203(9) (providing for an extensive definition of "thing of value")....
...We support our position with the following statutory analysis. When the legislature originally enacted this legislation, it broadly defined the type of transaction subject to the protection of the statutory scheme to include "a sale,... of an item...." Ch. 73-124, § 1, at 189, Laws of Fla. (codified at § 501.203(1), Fla....
...In its later amendments to the FDUTPA in 1993, the legislature continued to include a sale within its ambit by defining a protected transaction to include "the advertising, soliciting, providing, offering, or distributing, whether by sale, ... of any good or service...." Ch. 93-38, § 2, at 208, Laws of Fla. (codified at § 501.203(8), Fla....
CopyCited 30 times | Published | District Court, S.D. Florida
of value, wherever situated.” Fla. Stat. Ann. §
501.203(8). “As such language clearly indicates, the definition
CopyCited 29 times | Published | District Court, S.D. Florida | 1992 U.S. Dist. LEXIS 7366, 1992 WL 152239
...individual capacity. This argument overlooks allegations contained in the Complaint that Ross and Rozet were personally involved, through alter-ego sham corporations, in the activities which gave rise to the Plaintiffs' injuries. [6] Florida Statute § 501.203(1) provides: "Consumer transaction" means a sale, lease, assignment, award by chance, or other disposition of an item of goods, a consumer service, or an intangible to an individual for purposes that are primarily personal, family, or hous...
CopyCited 26 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 85083, 2007 WL 4124351
...Bookworld argues, relying on abrogated precedent, that FDUTPA is limited to consumer transactions, not commercial transactions. "Consumer" is broadly defined by FDUTPA to include associations, corporations, and "any other group or combination." Fla. Stat. § 501.203(7)....
CopyCited 24 times | Published | District Court, M.D. Florida | 2000 U.S. Dist. LEXIS 20048, 2000 WL 33223247
...r intangible, or any other article, commodity, or thing of value, wherever situated. "Trade or commerce" shall include the conduct of any trade or commerce, however denominated, including any nonprofit or not-for-profit person or activity. Fla.Stat. § 501.203(8). Under the statute, a "thing for value" may include "without limitations, any moneys, donation, membership, credential, certificate, prize, award, benefit, license, interest, professional opportunity, or chance of winning." Fla.Stat. § 501.203(9)....
...§
501.202. Consumer means any: "individual; child, by and through its parent or legal guardian; firm; association; joint adventure; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; or any other group or combination." Fla.Stat. §
501.203(7)....
CopyCited 22 times | Published | Florida 3rd District Court of Appeal | 2000 A.M.C. 2391, 2000 Fla. App. LEXIS 6544, 2000 WL 691568
...angible or intangible, or any other article, commodity, or thing of value, wherever situated. `Trade or commerce' shall include the conduct of any trade or commerce, however denominated, including any nonprofit or not-for-profit person or activity." § 501.203(8), Fla....
CopyCited 22 times | Published | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 776, 2008 WL 195107
...It alleged that the intentional failure to provide the disclosures set forth in 16 C.F.R. § 436.1 constituted an unfair or deceptive act in violation of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1). The foundation for the claim is the language found in section 501.203(3), Florida Statutes (2005), that states, among other things, that the term "violation of this part" means any violation of the FDUTPA and may be based on rules promulgated pursuant to the Federal Trade Commission Act or the standards...
...Stat. (2005). As noted above, a FDUTPA claim may be based on rules promulgated pursuant to the Federal Trade Commission Act or the standards of "unfairness and deception set forth and interpreted by the Federal. Trade Commission or the federal courts." § 501.203(3), Fla....
CopyCited 20 times | Published | District Court, N.D. Florida | 2003 U.S. Dist. LEXIS 11872, 2003 WL 21463643
...ception set forth by the FTC and federal courts construing the FTC Act, or (5) violation of "any law, statute, rule, regulation, or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices." § 501.203(3), Fla....
...[22] Recognizing the applicability of the FDUPA to securities "holding claims" would, in addition to providing a civil remedy to plaintiffs, open the door for regulation by FDUPA's "enforcing authority," the Florida Department of Legal Affairs. See § 501.203(2), (4), Florida Statutes (2002)....
CopyCited 19 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2260
...e. A jury trial was held October 3, 1983, and at the conclusion of Heindel's case in chief, Southside moved for a directed verdict as to the deceptive trade practices claim on grounds that no "consumer transaction" was involved within the meaning of section 501.203, Florida Statutes (1983), and that there was insufficient evidence of unfair or deceptive activity....
...ceptive and unfair trade practices count. We affirm the court's ruling that the evidence was insufficient as a matter of law to establish that the partial repair of Heindel's automobile by Southside was a "consumer transaction" within the meaning of section 501.203....
CopyCited 17 times | Published | Florida 1st District Court of Appeal | 1989 WL 106760
...W & L Enterprises Corp.,
360 So.2d 1147 (Fla. 1st DCA 1978); §
501.202(2), Fla. Stat. (1985). The facts alleged in the present case, if proven, will establish that appellee is a "supplier" engaged in deceptive trade practices in "consumer transactions" as defined by Section
501.203(1) and (3), Florida Statutes. Appellant falls within the category of consumers that the statute is intended to protect. Section
501.203(9) defines a "consumer" as follows: (9) "Consumer" means an individual; child, by and through its parent or legal guardian; firm; association; joint adventure; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; or any other group or combination....
CopyCited 17 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 99779, 2009 WL 3582749
...nt, the Plaintiffs allege that the Defendants' actions including false advertising, selling a non-existent product, violating the Florida Sale of Business Opportunities Act, and violating federal franchise law constitute unfair trade practices under Section 501.203(3) of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA")....
...The conduct considered to be a deceptive or unfair for the purposes of a FDUTPA claim may be defined by "[a]ny law, statute, rule, regulation, or ordinance which proscribes unfair methods of competition, or unfair, deceptive or unconscionable acts or practices." [2] Fla. Stat. § 501.203(3)(c)....
...52, filed July 22, 2009) is GRANTED in part and DENIED in part. The Motion is GRANTED to the extent Defendant seeks summary judgment on breach of the exclusivity provision of the Los Angeles and Orange County Agreements in Counts III and IV. The Motion is DENIED in all other respects. NOTES [1] Section 501.203(3), Florida Statutes, states in pertinent part: (3) "Violation of this part" means any violation of this act or the rules adopted under this act and may be based upon any of the following as of July 1, 2006: (a) Any rules promulgated pursuant to the Federal Trade commission Act, 15 U.S.C....
CopyCited 17 times | Published | District Court, S.D. Florida | 2000 U.S. Dist. LEXIS 811, 2000 WL 224072
...[1] The six count complaint alleges intentional and negligent breach of fiduciary duty (Counts I and II), constructive and common law fraud (Counts III and V), constructive trust (Count IV) and violations of the Florida Deceptive and Unfair Trade Practices Act ("DPTA"), Fla.Stat. § 501.203(8) (1997) (Count VI)....
CopyCited 16 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 13665, 1990 WL 153997
...s DENIED; (3) Weekly World News, Inc. shall serve an answer to Count IV within 20 days of receipt of this order; (4) Klinger shall serve a reply to the counterclaim within 20 days of receipt of this order. DONE AND ORDERED. NOTES [1] Florida Statute § 501.203(3) defines a "supplier" as a "seller, lessor, assignor, or other person who regularly solicits, engages in, or enforces consumer transactions...." Section 501.203(1) defines a "consumer transaction" to include a "sale ......
CopyCited 16 times | Published | District Court, S.D. Florida | 1984 U.S. Dist. LEXIS 22266
...y that requires both his expenditure of money or property and his personal services on a continuing basis and in which he has not been previously engaged or a solicitation by a supplier with respect to any of these dispositions. (emphasis added) Id. § 501.203(1)....
...for more than 20 years, cannot fit within the "obvious purpose" of the second, or "business opportunity", clause of the above statutory definition of "consumer transaction", as it has been "previously engaged in the business involved". Fla.Stat.Ann. § 501.203(1)....
...f argues in response that this Court's decision in LSJ, wherein it held that the plaintiff had no private right of action as its business was not a "consumer", was wrongly decided as it was written before the Act was amended to add subsection (9) of § 501.203, which now defines "consumer" to include businesses or corporations such as plaintiff....
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit
...1996, so the 1993 amendments to
the FDUTPA apply to this case. The definition of “consumer” in the 1993 version
of the FDUTPA included not only individuals but also various business
organizations, including “corporations.” Fla. Stat. Ann. § 501.203(7) (West 1997).
In 1993, the Florida legislature amended the stated purposes and rules of construction
for the FDUTPA to provide as its central aim the protection of “the consuming public
at large and legitimate business enterprises f...
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 2007 WL 187691
...agreements were for the provision of future consumer services. The agreements allegedly violate Rule 2-18.002, Florida Administrative Code, because they did not contain three-day cancellation provisions, *1257 thus constituting a per se violation of section 501.203(3), Florida Statutes (2004)....
...Rule 2-18.002, Florida Administrative *1260 Code, Contracts for Future Consumer Services, requires a three-day right of cancellation in bold-faced, 10 point type in all contracts for consumer services to be rendered in the future. Failure to include this provision in applicable contracts is a per se violation of the Act, section 501.203(3), Florida Statutes (2004)....
CopyCited 15 times | Published | District Court, M.D. Florida | 2002 WL 31971728
...ributing, whether by sale, rental, or otherwise, of any good or service, or any property, whether tangible or intangible, or any other article, commodity, or thing of value, where ever situated...." *1322 Kelly,
2002 WL 598427, *8 (citing Fla. Stat. §
501.203(8))....
CopyCited 14 times | Published | Florida 5th District Court of Appeal
...s I through IV, but not of Count V. Section
501.207(1)(b), Florida Statutes (1979), the authority for Count I, allows *1175 the enforcing authority to bring "an action to enjoin a supplier who has violated this part." [1] "Supplier" is defined in section
501.203(3) as "a seller, lessor, assignor, or other person who regularly solicits, engages in, or enforces consumer transactions." "Consumer transaction" is defined by section
501.203, Florida Statutes, as "a sale, lease, assignment, award by chance, or other disposition of an item of goods, a consumer service, or an intangible." State ex rel....
...Accordingly, the final order below dismissing the complaint is AFFIRMED. DAUKSCH, C.J., and SHARP, J., concur. NOTES [1] The "Florida Deceptive and Unfair Trade Practices Act," chapter 501, part II, Florida Statutes (1979). [2] Appellant urges that a lease is an "intangible" within the meaning of that word in section 501.203 because the lease is sometimes (i.e., for tax purposes) considered an item of intangible personal property....
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 1988 WL 37851
...Nor do we find the pleadings and evidence sufficient to sustain a judgment for attorney's fees based upon section
501.2105, Florida Statutes (The Florida Deceptive and Unfair Trade Practices Act). That section relates to civil litigation resulting from a "consumer transaction." That term is defined in section
501.203(1), Florida Statutes, and relates to sales of goods and consumer services....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2004 WL 2533580
...business opportunity that requires both his expenditure of money or property and his personal services on a continuing basis and in which he has not been previously engaged, or a solicitation by a supplier with respect to any of these dispositions." § 501.203(1), Fla....
CopyCited 13 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 52826, 2007 WL 2120262
...intangible, or any other article, commodity, or thing of value, wherever situated. `Trade or commerce' shall include the conduct of any trade or commerce, however denominated, including any nonprofit or not-for-profit person or activity. Fla. Stat. § 501.203(8)....
CopyCited 12 times | Published | District Court, S.D. Florida | 1979 U.S. Dist. LEXIS 8417
...or other disposition of an item of goods, a consumer service, or an intangible to an individual for purposes that are primarily personal, family, or household or that relate to a business opportunity that requires both his expenditure of money or property and his personal services . . . Fla.Stat. § 501.203(1) (emphasis added)....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2002 WL 429271
...This Act protects consumers 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), Fla. Stat. (1999). A violation of the Act may be based on "unfair, deceptive, or unconscionable acts or practices." §
501.203(3)(c), Fla. Stat. (1999). Construing the Act liberally as we must, Cummings v. Warren Henry Motors, Inc.,
648 So.2d 1230 (Fla. 4th DCA 1995), Schauer is a consumer. See §
501.203(7), Fla....
...is not limited to debt collectors. Cf. 15 U.S.C. § 1692 et. seq. [2] "Trade or commerce" is defined by the Act as "the advertising, soliciting, providing, offering, or distributing, whether by sale, rental, or otherwise, of any good or service ..." § 501.203(8), Fla....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1993 Fla. App. LEXIS 6736, 1993 WL 221392
...However, chapter 501 is not referenced in chapter 319 and 320 nor in the bond. Chapter 501 only applies to "consumer transactions." That term is defined as: [A] sale ... to an individual for purposes that are primarily personal or family, or household ... § 501.203(1), Fla....
...Horizon Management, Inc.,
476 So.2d 771 (Fla. 3d DCA 1985). In this case, Touch of Class sold the tampered vehicle to another dealer, not to the Berryhills. Sales between auto dealers are at the wholesale level. By definition they are not "consumer transactions." §
501.203(1), Fla....
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 13609
...Extraterritorial Application of the FTC Franchise Rule
The Florida DUTPA defines a violation of that law to include violations of rules promulgated
pursuant to the Federal Trade Commission Act. See FLA. STAT. ANN. § 501.203(3)(a) (West 1994)....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1999 WL 391858
...Despite the clear language employed by the legislature, the plaintiff nonetheless contends that it is entitled to monetary relief because it is a "consumer" for purposes of the Act. The plaintiff points to the definition of a "consumer" provided in the 1993 amendments to the Act, at Section 501.203(7), to support its contention....
...o as follows: (7) "Consumer" means an individual; child, by and through its parent or legal guardian; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; or any other group or combination. § 501.203(7), Fla....
...Because the plaintiff is not a consumer, it cannot seek monetary relief under any version of the Florida Deceptive and Unfair Trade Practices Act. Accordingly, the judgment entered below is affirmed in all respects. Affirmed. NOTES [1] The former version of the Act did not define "consumer." See § 501.203, Fla....
CopyCited 10 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 73105, 2010 WL 2812687
...ul conduct" with supporting factual allegations. Because a FDUTPA claim can alternatively allege that the defendant violated the "standards of unfairness and deception set forth and interpreted by the Federal Trade Commission or the federal courts," § 501.203, Fla....
CopyCited 10 times | Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 39240, 2006 WL 45902
...rough its parent or legal guardian; business; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; any commercial entity, however denominated; or any other group or combination." Fla. Stat. § 501.203(7)....
...intangible, or any other article, commodity, or thing of value, wherever situated. "Trade or commerce" shall include the conduct of any trade or commerce, however denominated, including any nonprofit or not-for-profit person or activity. Fla. Stat. § 501.203(8)....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 22, 2009 WL 18674
...4th DCA 2002), in which we reversed an order dismissing plaintiff's complaint for failure to state a cause of action. In the prior appeal we held that the complaint stated causes of action against Morse for fraud, as well as under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), section
501.203(8), Florida Statutes, and against both defendants under the Florida Consumer Collection Practices Act (FCCPA), section
559.72, Florida Statutes....
...he term "property" is not defined in the statute, the second district has held that "the type of property which is the subject of such a transaction for which actual damages were recoverable" is found in the definition of a "Consumer transaction" in section
501.203. Delgado v. J.W. Courtesy Pontiac GMC-Truck, Inc.,
693 So.2d 602, 605 (Fla. 2d DCA 1997). In 1999, section
501.203 provided in pertinent part as follows: *7 (8) "Trade or commerce" means the advertising, soliciting, providing, offering, or distributing, whether by sale, rental, or otherwise, of any good or service, or any property, whether tangibl...
...situated.... (9) "Thing of value" may include, without limitation, any moneys, donation, membership, credential, certificate, prize, award, benefit, license, interest, professional opportunity, or chance of winning. Based on sections
501.212(3) and
501.203(8) and (9), this court and other courts have held that section
501.211 "`entitles a consumer to recover damages attributable to the diminished value of the goods or services received, but does not authorize recovery of consequential damages t...
CopyCited 9 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 1805, 2010 WL 111492
...The term "trade or commerce" is defined as "the advertising, soliciting, providing, offering, or distributing, whether by sale, rental, or otherwise, of any good or service, or any property, whether tangible or intangible, or any other article, commodity, or thing of value, wherever situated." Fla. Stat. § 501.203(8)....
...As noted, the Legislature replaced the word "consumer" with "person." (The term "person", the Committee Staff noted, "is understood to include a business." See Senate Staff Analysis at 6.) The Legislature also amended the definition of "consumer" in § 501.203(7) to add "business" and "any commercial entity, however denominated." See Laws of Fla. Ch. 2001-39 § 1 (amending § 501.203(7) as described)....
...interpretations" in which "remedies available to individual consumers have not always been available to business consumers," see Senate Staff Analysis at 4, that purpose could have been accomplished by the change to the definition of "consumer" (in §
501.203(7)), such that the term "consumer" did not have to be replaced with "person" in §
501.211(2)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 19726
...the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive his reasonable attorney's fees and costs from the nonprevailing party. Section
501.2105 applies only if a "consumer transaction" is the basis of the claim for damages. Section
501.203(1) defines "consumer transaction" to mean: A consumer service ......
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1989 WL 4179
...The Act is directed towards consumer sales practices and seeks to protect consumers from suppliers who commit deceptive and unfair trade practices. §
501.202(2), Fla. Stat. (1987). "Supplier" is defined as "a seller, lessor, assignor, or other person who ... engages in ... consumer transactions ..." §
501.203(3), Fla. Stat. (1987). A "consumer transaction" is defined as "... a sale, lease, assignment, award by chance or other disposition of an item of goods, a consumer service or an intangible ..." §
501.203(2), Fla....
...construction for them of a quality home, that the recovery under the Act was upheld. The provision of a service to an individual for purposes that are primarily personal, family or household, falls within the definition of a "consumer transaction." § 501.203(1), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 31 U.C.C. Rep. Serv. (West) 1273, 1981 Fla. App. LEXIS 19930
...We conclude that Franklin's complaint did allege a breach of these implied warranties. Franklin properly filed her complaint under section
501.211(2) of the Deceptive and Unfair Trade Practices Act since her purchase of the automobile constituted a "consumer transaction" under section
501.203(1) of the Act....
...rtment and the Governor and Cabinet "prohibit[ing] with specificity *1237 acts or practices that violate this [Act]." §
501.205, id. It also provides that violation of a rule is a violation of the Act and subjects the violator to civil liability. §§
501.203(5),.211(2), id....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...Herring v. Murdock,
345 So.2d 759 (Fla. 4th DCA 1977), argued that the award of attorney's fees pursuant to section 501.210, Florida Statutes was improper because the sale of a house and lot are not "consumer transactions" within the meaning of the Act. Section
501.203(1). Murdock, supra, held that the sale of raw land (real estate lots) did not come within the definition of consumer transaction found in section
501.203(1)....
...A landscape expert testified as to the improper preparation of the ground and subsequent sodding. Under these facts, we find that the purchase of the carpeting and sodding selected prior to the construction of the home, are consumer transactions within the meaning of section 501.203(1)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...Murdock and Hal Russ, under the provisions of Part II of Chapter 501 of the Florida Statutes. The complaint specifically relied on the authority granted in Section
501.207(1)(b) "to enjoin a supplier who ... is violating ... this part." A "supplier" is defined in Section
501.203(3), Part II, as someone involved with "consumer transactions." A "consumer transaction" is defined as: ......
...nt is not without relief. [4] However, the complaint involved here limited the relief *761 sought to that provided in Section
501.207(1)(b); and, accordingly, the order of the trial court is affirmed. MAGER, C.J., and ALDERMAN, J., concur. NOTES [1] Section
501.203(1), Florida Statutes....
CopyCited 6 times | Published | District Court, N.D. Florida | 2007 U.S. Dist. LEXIS 22260, 2007 WL 951804
...Plaintiff then acknowledged that This effort has a cost and constitutes an element of special damages, even if the amount is determined to be nominal. (Doc. 278:9.) [5] "Enforcing authority" means the office of the state attorney or the Department of Legal Affairs. See Fla. Stat. § 501.203(2)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...657 and the cause is remanded for the entry of an order vacating the money judgment. Affirmed in part; reversed in part. HOBSON, A.C.J., and OTT and DANAHY, JJ., concur. NOTES [1] §
501.204, Fla. Stat. (1975). [2] §
501.205, Fla. Stat. (1975). [3] §
501.203(3), Fla. Stat. (1975). [4] §
501.203(1), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2003 WL 1970761
...Section
501.204, Florida Statutes (2002) provides: (1) Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. Trade or commerce is defined in section
501.203(8): "Trade or commerce" means the advertising, soliciting, providing, offering, or distributing, whether by sale, rental, or otherwise, of any good or service, or any property, whether tangible or intangible, or any other article, commodity, or thing of value, wherever situated....
CopyCited 5 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 29110, 2009 WL 961154
...dgment on this claim. C. FDUTPA Claim Recognizing that a violation of FDUTPA may be based upon "any law, statute, rule regulation or ordinance which proscribes unfair methods of competition, or unfair, deceptive or unconscionable acts or practices," § 501.203(3)(c), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1994 WL 486557
...guided by adequate standards of the act. It did not answer the question present in this case, namely whether that rule-making authority is exclusive. The "Definitions" section of the act provides support for the construction of the majority opinion. Section 501.203(3) defines "Violation of this part" as meaning "either a violation of a provision of this part or a violation of a rule promulgated pursuant to this part." § 501.203(3), Fla....
CopyCited 4 times | Published | District Court, S.D. Florida
operates as an implied FDUTPA predicate. Fla. Stat. §
501.203(3)(c) ; Parr v. Maesbury Homes, Inc. , No. 09-cv-1268
CopyCited 4 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 10559, 2008 WL 413962
...e or commerce." Fla. Stat. §
501.204(1). A violation of any "law, statute, rule, or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices" is a per se violation of the FDUTPA. Fla. Stat. §
501.203(3)(c)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1988 WL 128252
...involved a transaction between two businesses. In opposing the motion for directed verdict on that count, appellee argued that this case related to a business opportunity that required both an expenditure of money or property, as provided for under section 501.203(1)....
CopyCited 3 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 20711, 2004 WL 2203769
...§ 41 et seq.; (b) The standards of unfairness and deception set forth and interpreted by the Federal Commission or the federal courts; (c) Any law, statute, rule, regulation, *1320 or ordinance which proscribes unfair methods of competition, or unfair, deceptive or unconscionable acts or practices. Fla. Stat. § 501.203(3)....
CopyCited 3 times | Published | District Court, S.D. Florida
...41 et seq.; (b) The standards of unfairness and deception set forth and interpreted by the Federal Trade Commission or the federal courts; (c) Any law, statute, regulation or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices. Fla. Stat. § 501.203(3) (emphasis supplied)....
CopyCited 3 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 116720, 2009 WL 4825097
...nder this act and may be based upon any of the following as of July 1, 2006: * * * Any law, statute, rule, regulation, or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices. Fla. Stat. § 501.203(3)(c); In re Edgewater By the Bay, 419 B.R....
...nces other statutory violations expressly states that a FDUTPA violation will exist where the underlying statute violated was one "which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices." Fla. Stat. § 501.203(3)(c)....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 171, 2009 Bankr. LEXIS 3470, 52 Bankr. Ct. Dec. (CRR) 96
...cause of action under Florida's Deceptive and Unfair Trade Practices Act, Fla. Stat. §§
501.201, et seq. ("FDUTPA"). The Court concludes that violations of these provisions do not fall within the scope of FDUTPA violations as defined in Fla. Stat. §
501.203(3) since the provisions do not target unfair or deceptive trade practices....
...Counterclaimants allege that the Debtor violated this provision because its escrow agent was also its attorney. To prevail on their FDUTPA claims, the Counterclaimants must establish that the particular Florida Statutes and County Code provisions just described are within the purview of Fla. Stat. § 501.203(3)(c). That section states that FDUTPA violations include violations of: [A]ny law, statute, rule, regulation, or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices. Fla. Stat. § 501.203(3)(c)....
...ral courts relating to s. 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2006." Fla. Stat. §
501.204(2); Samuels v. King Motor Co. of Fort Lauderdale,
782 So.2d 489, 499 (Fla. 4th DCA 2001). In addition, Fla. Stat. §
501.203(3)(b) states that the court should look to "[t]he standards of unfairness and deception set forth and interpreted by the Federal Trade Commission or the federal courts." Fla. Stat. §
501.203(3)(b)....
...3d DCA 2000), (citing Southwest Sunsites Inc. v. Federal Trade Comm'n,
785 F.2d 1431, 1434-35 (9th Cir.1986)). Here, Counterclaimants assert that Debtor's alleged violations of the two cited Florida Statute sections and County Code § 8-18 are per se violations of FDUTPA under §
501.203(3)(c), arguing that a violation of any statute or rule providing consumer protection may provide the basis for a FDUTPA claim....
...urthy v. N. Sinha Corp.,
644 So.2d 983 (Fla.1994) (citing Fla. Stat. §
489.101). Since this law does not regulate unfair trade practice or competition, the Court concludes that a violation of §
489.1425 cannot be a per se violation of FDUTPA under §
501.203(3)(c)....
...ion law, nor can the failure to include this disclosure be reasonably considered an unscrupulous act likely to deceive the public. Therefore, the Court finds that section 8-18 of the County Code is not a statute or ordinance within the definition of § 501.203(3)(c) of FDUTPA....
...Second, like Fla. Stat. §
489.1425 and § 8-18 of the County Code, Fla. Stat. *518 §
718.202(8) is not a statute "which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices" within the meaning of FDUTPA §
501.203(3)(c)....
CopyCited 2 times | Published | District Court, M.D. Florida
incorporated into FDUTPA through Fla. Stat. §
501.203(3), Plaintiffs argue it was a deceptive act for
CopyCited 2 times | Published | District Court, M.D. Florida
commodity, or thing of value, wherever situated.” §
501.203(8). “Several courts have held that debt collection
CopyCited 2 times | Published | District Court, S.D. Florida
offering ... any good or service." Fla. Stat. §
501.203(8). "[T]he definition of 'trade or commerce' is
CopyCited 2 times | Published | District Court, S.D. Florida | 37 Media L. Rep. (BNA) 1420, 2008 U.S. Dist. LEXIS 108492, 2008 WL 5971233
...hether tangible or intangible, or any other article, commodity, or thing of value, wherever situated," and includes "the conduct of any trade or commerce, however denominated, including any nonprofit or not-for-profit person or activity." Fla. Stat. § 501.203(8)....
...acts or practices, and unfair or deceptive acts or practices" through "providing. . . [a] . . . service," and that such allegations are sufficient to satisfy the "trade or commerce" language contained in FDUTPA and defeat dismissal. See Fla. Stat. §§
501.203,
501.204....
CopyCited 2 times | Published | District Court, S.D. Florida
of a statute. (See Mot. 12 (citing Fla. Stat. §
501.203(3)(c) ) ). Plaintiff alleges Defendants violate
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1988 WL 93056
...lving a violation of this part, except as provided in subsection (5), the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive his reasonable attorney's fees and costs from the nonprevailing party. Section 501.203(5) defines "violation of this part" as meaning either a violation of the provision of the Deceptive and Unfair Trade Practices Act or a violation of any rule promulgated pursuant to the Act....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2012 U.S. App. LEXIS 27214, 2014 WL 4824790
...on the
misrepresentation; and (4) injury resulted to the plaintiff in justifiable reliance upon the
misrepresentation.” Visonic Sys. v. AT&T Digital Life,
971 F. Supp. 2d 1178, 1196 (S.D. Fla.
2013).
17
Bersin asserts violations of the FDUTPA under Fla. Stat. §§
501.203(3)(a) ,
501.204. Fla. Stat.
§
501.203(3)(a) defines a violation as one which violates “any rules promulgated pursuant to the
Federal Trade Commission Act, 15 U.S.C....
CopyCited 1 times | Published | District Court, S.D. Florida
thing of value, wherever situated.” Fla. Stat. §
501.203(8). On its face, the FDUTPA does not appear to
CopyCited 1 times | Published | District Court, M.D. Florida
"trade or commerce" under FDUTPA, Fla. Stat. §
501.203 (8), as both "providing" and "offering ... any
CopyCited 1 times | Published | District Court, M.D. Florida
unconscionable acts or practices.” Fla. Stat. §
501.203(3)(c). Some federal courts in Florida have referred
CopyCited 1 times | Published | District Court, M.D. Florida
not-for-profit person or activity. Fla. Stat. §
501.203(8). In support, Halifax cites to cases that have
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1991 WL 35330
...The State of Florida, Department of Legal Affairs ["Department"] petitions this court for a writ of certiorari to quash the lower court order setting aside subpoenas it issued to investigate the records and activities of Reverend Henry Jackson pursuant to the Deceptive and Unfair Trade Practices Act, Section 501.203(1), Florida *865 Statutes (1989)....
...The subpoenas ordered Jackson to appear before an assistant attorney general and produce various records to determine whether Jackson's business practices were in violation of the Act. Jackson filed a petition to set aside the subpoenas. The trial court set aside the subpoenas on the ground that Section 501.203(1) did not apply to Jackson's activities, and the Department now appeals....
...3d DCA 1990); Winfield v. Div. of Pari-Mutuel Wagering, Department of Business Regulation,
477 So.2d 544 (Fla. 1985). We need not render a final determination at this juncture as to whether or not Jackson's activities constitute "consumer transactions" as contemplated by Section
501.203(1)....
...We reach the same result when addressing Jackson's contention on appeal that his activities are protected by the First Amendment. The instant case deals only with the issuance of investigative subpoenas and is not a determination on the merits of a criminal prosecution or a civil lawsuit, where the question of whether Section 501.203(1) conflicts with the appellee's religious freedom must be answered....
...y violated any criminal laws, the State Attorney's office would have the authority to investigate and/or prosecute." What the State did was issue investigative subpoenas for purported violations of the "Deceptive and Unfair Trade Practices Act." See § 501.203(1), Fla....
...f fairness. See, e.g., Dean v. State,
478 So.2d 38 (Fla. 1985); State v. Hayes,
305 So.2d 819 (Fla. 1st DCA 1975). I concur in the result of the majority, but only because it allows the State to proceed in some fashion against this person. NOTES [1] Section
501.203(1), Florida Statutes (1989), defines "consumer transactions" as: [A] sale, lease, assignment, award by chance, or other disposition of an item of goods, a consumer service, or an intangible to an individual for purposes that are prima...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1791705
...ior of pest control operators who will not operate in accordance with the rules. See §§
482.161-.191, Fla. Stat. Furthermore, both the State Attorney's Office and the Department of Legal Affairs may address violations of FDUTPA administratively. §§
501.203,
501.207, Fla....
...ve acts or practices," it does provide that a violation of "[a]ny law, statute, rule, regulation, or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices" is a violation of this statute. § 501.203(3)(c)....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...4
Extraterritorial Application of the FTC Franchise Rule
The Florida DUTPA defines a violation of that law to include violations of rules
promulgated pursuant to the Federal Trade Commission Act. See FLA. STAT. ANN. §
501.203(3)(a) (West 1994)....
CopyCited 1 times | Published | District Court of Appeal of Florida
violations: one of FDUTPA generally and the other of section
501.203(3)(c), Florida Statutes (2016). But there were
CopyCited 1 times | Published | District Court, S.D. Florida
Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.203(3) ("FDUTPA") (Count III); and (4) two requests
CopyCited 1 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 135065, 2010 WL 5317363
...s that could be expected from operating an Ideal Image center." ( Id. at 3; Doc. # 127). Citing Federal Trade Commission Franchise Rule 16 C.F.R. § 436.9, incorporated into the Florida Deceptive and Unfair Trade Practices Act pursuant to Fla. Stat. § 501.203(3), the Hetricks argue that "it is a deceptive act or unfair trade practice simply to utter statements concerning revenues, whether those statements are true or false." (Doc....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1992 WL 206432
...In the Hillsborough action, Quick Cash failed to convince the circuit court that subsection 11 was limited to matters that violated chapter 501, but it did convince the circuit court that subsection 11 was limited to "consumer transactions" as defined in that chapter. Section 501.203(1), Fla....
...nfair Trade Practices Act and might also justify an injunction. We reverse on that limited basis without determining the possible scope of subsection 11 beyond the reach of chapter 501. A. The Rental Agreement A "consumer transaction," as defined in section 501.203, includes a "lease ......
CopyCited 1 times | Published | District Court, N.D. Florida | 2010 U.S. Dist. LEXIS 100533, 2010 WL 3637566
...on, or unfair, deceptive, or unconscionable acts or practices," any "standard[] of unfairness and deception set forth and interpreted by the Federal Trade Commission or the federal courts," or any rule adopted under the Federal Trade Commission Act. § 501.203(3)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 5962, 2011 WL 1563755
...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), Fla. Stat. The term "trade or commerce" is specifically defined in section
501.203(8) of the act: "Trade or commerce" means the advertising, soliciting, providing, offering, or distributing, whether by sale, rental, or otherwise, of any good or service, or any property, whether tangible or intangible, or any other article, commodity, or thing of value, wherever situated....
CopyPublished | District Court, S.D. Florida
be no per se violation of FDUTPA. Fla. Stat. §
501.203(3)(c) provides that a per se violation FDUTPA
CopyPublished | Florida 2nd District Court of Appeal | 2002 WL 31307074
...quest for a temporary injunction. Sakura filed a complaint against Lin Yan, Inc., seeking injunctive relief under section
495.151, Florida Statutes (2001), in its first count and seeking damages and injunctive relief for unfair trade practices under section
501.203, Florida Statutes (2001), in its second count....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2349, 1985 Fla. App. LEXIS 16300
that a “consumer transaction,” as defined in Section
501.203(1), Florida Statutes (1983), was the basis
CopyPublished | Court of Appeals for the Eleventh Circuit
unconscionable acts or practices.” Fla. Stat. §
501.203(3)(c). The three elements of a consumer
CopyPublished | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 8667
organizations, including “corporations.” Fla. Stat. Ann. §
501.203(7) (West 1997). In 1993, the Florida legislature
CopyPublished | Supreme Court of Florida | 1980 Fla. LEXIS 4183
referred to him by the Department of Legal Affairs. §
501.203, Fla.Stat. (1975). The defendant’s argument is
CopyPublished | Florida 4th District Court of Appeal
...violated this part.
§
501.211(2), Fla. Stat. (2001) (emphasis added). As can be seen, the
amendment changed who could bring an action from “a consumer” to “a
person.” Additionally, during the same session, the Legislature also
amended section
501.203(7), Florida Statutes, to change the definition of
“consumer” to include a “business” and “commercial entity.” Compare §
501.203(7), Fla....
...(2000) (“‘Consumer’ means an individual; child, by
and through its parent or legal guardian; firm; association; joint venture;
partnership; estate; trust; business trust; syndicate; fiduciary;
corporation; or any other group or combination.”), with § 501.203(7), Fla.
Stat....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 16, 2022
under the office’s jurisdiction,” id. §
501.203(2)—may also pursue civil penalties prior to a
CopyPublished | District Court of Appeal of Florida
nonprofit or not-for-profit person or activity. §
501.203(8), Fla. Stat. 8 See Diamond, 140 So. 3d at 1098
