CopyCited 277 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3686484
...WHATLEY, J., Concurs in part and dissents in part with opinion. WHATLEY, Judge, Concurring in part and dissenting in part. I agree that class certification was improper as to counts II through VI, but I would affirm the certification of a class as to count I, the FDUTPA claim. Section 501.204(1), provides as follows: "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." Although the FDUTPA does not d...
CopyCited 271 times | Published | Court of Appeals for the Eleventh Circuit
...court should pierce the corporate veil. This count is notable because it carries
with it the possibility of treble damages. Fla. Stat. §
68.065(1).7 Count V alleged
a violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”),
Fla. Stat. §
501.204(1)....
CopyCited 175 times | Published | Court of Appeals for the Eleventh Circuit | 120 U.S.P.Q. 2d (BNA) 1590, 2016 U.S. App. LEXIS 19450, 2016 WL 6310784
...against Amazon in federal court on April 17, 2014, seeking treble damages and
injunctive relief under the Lanham Act, 15 U.S.C. §§ 1114(1)(a), 1125(a). Wreal
also sought relief under Florida’s Deceptive and Unfair Trade Practices Act, Fla.
Stat. § 501.204, and Florida common law.
Despite the alacrity with which Wreal filed its complaint, for months, Wreal
conducted no discovery and made just routine, case-management filings in the
district court....
CopyCited 125 times | Published | Court of Appeals for the Eleventh Circuit | 1994 WL 62756
...usly undermined, but that Hertz’s other claims likely retained their validity. .Since the district court's December 13 order indicated that Hertz’s complaint "appears to state a claim for relief under the Lanham Act ... and under Florida Statute § 501.204(1) (1989),” the basis for dismissal is unclear....
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
...7 of 22
III.
FDUTPA prohibits “[u]nfair methods of competition, unconscionable acts or
practices, and unfair or deceptive acts or practices in the conduct of any trade or
commerce.” Fla. Stat. § 501.204(1)....
CopyCited 108 times | Published | Florida 3rd District Court of Appeal
...a Deceptive and Unfair Trade Practices Act (FDUTPA). §
501.201 et. seq., Fla. Stat. (1981). The applicable provision makes unlawful "[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce." §
501.204(1)....
...Although the trial court found no fraud on Rollins' part, such a finding is not necessary to sustain a violation under the FDUTPA. The legislature specifically provided that great weight was to be given to the federal courts' interpretations of the Federal Trade Commission Act. § 501.204(2)....
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
...representation of fact,” which is “likely to cause confusion, or to cause mistake, or to deceive . . .
as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities
by another person.”
5
Fla. Stat. § 501.204(1) provides that “[u]nfair 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.”...
CopyCited 104 times | Published | Florida 1st District Court of Appeal | 2000 WL 1880149
...*974 The Florida Deceptive and Unfair Trade Practices Act provides that an aggrieved party may initiate a civil action against a party who has engaged in "unfair or deceptive acts or practices in the conduct of any trade or commerce," but it does not define the elements of such an action. See § 501.204(1), Fla....
...(1999). Instead, the statute provides that the Florida courts must give "due consideration and great weight" to Federal Trade Commission and federal court interpretations of section 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C § 45(a)(1). See § 501.204(2), Fla....
...Nevertheless, the courts in Florida and other states have adopted the objective standard for private actions under similar consumer protection statutes. In the absence of a more specific provision, therefore, we must assume that the instruction in section 501.204(2) to rely on federal interpretations applies to both public and private actions under Chapter 501....
CopyCited 93 times | Published | Supreme Court of Florida | 2000 WL 44051
...(g) Breaching a contract in this state by failing to perform acts required by the contract to be performed in this state. §
48.193(1), Fla. Stat. (1991) (emphasis added). [5] See International Shoe Co. v. Washington,
326 U.S. 310, 316,
66 S.Ct. 154,
90 L.Ed. 95 (1945). [6] Section
501.204, Florida Statutes (1991), provides in relevant part as follows:
501.204 Unlawful acts and practices. (1) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful....
...(2) It is the intent of the Legislature that, in construing subsection (1), due consideration and great weight shall be given to the interpretation of the Federal Trade Commission and the federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1). § 501.204, Fla....
CopyCited 90 times | Published | Florida 4th District Court of Appeal | 2001 WL 313872
...Thus, the trial court did not err in dismissing with prejudice the Plaintiffs' claim for fraud in the performance. We next consider whether the Plaintiffs stated a claim in count IV under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). FDUTPA provides in pertinent part as follows: 501.204 Unlawful acts and practices. (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....
...501.2105; however, no damages, fees, or costs shall be recoverable under this section against a retailer who has, in good faith, engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that it violated this part. §§
501.204,
501.211(1)-(2), Fla....
...While the Legislature does not define what "an unfair or deceptive act" is, it has mandated that FDUTPA is to be liberally construed. See §
501.202, Fla. Stat. (1997). The Legislature has also specifically stated that great weight should be given to federal cases interpreting the federal counterpart of this Act. See §
501.204(2); Urling v....
...o longer have a trade-in vehicle as a down-payment and cannot secure affordable financing. Thus, given the sum of the allegations in the second amended complaint and taking them as true, the Plaintiffs could state a cause of action under FDUTPA. See § 501.204, Fla....
CopyCited 76 times | Published | Florida 3rd District Court of Appeal | 2000 WL 986399
...26 (May 1999) ("Federbush"). In fact, FDUTPA specifically provides that in construing its provisions, due considerations and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the FTC Act. See § 501.204(2), Fla....
...Stat. (1997); Rollins, Inc. v. Heller,
454 So.2d 580, 584 (Fla. 3d DCA 1984). FDUTPA makes unlawful, unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce. See §
501.204(1)....
...Since FDUTPA is the state counterpart to the Federal Trade Commission Act, in deciding whether an act or practice may be deemed deceptive, we must give due consideration and great weight to the interpretations made by the Federal Trade Commission and the federal courts. See § 501.204(2); see also Urling v....
CopyCited 75 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 229, 2003 Fla. LEXIS 380, 2003 WL 1088575
...ty in a single transaction or directed to a single contract. The Beacon court concluded that it cannot as a matter of law. According to the court below, the FDUTPA does not embrace single acts of iniquity or deception because the "operative words of section 501.204(1) are methods and practices, " which are defined as "`a regular and systematic way of accomplishing something,'" and a "`habitual or customary action or way of doing something,'" respectively....
...y from the language of the statute. The plain meaning of the statutory language is the first consideration.") (citations omitted). Here, the district court simply excised the word "acts" from its rendition of the "operative words" of the FDUTPA. See § 501.204(1), Fla....
...ing proscribed conduct is afforded operation, the Florida Legislature's intent to protect against misdeeds directed to a single party, as well as behavior directed to multiple parties, clearly emerges. In rendering this analysis, we acknowledge that section 501.204(1) utilizes the word "acts"plural....
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
....’” Sovereign Military
Hospitallier Order of Saint John of Jerusalem of Rhodes & of Malta v. Florida
Priory of Knights Hospitallers of the Sovereign Order of St. John of Jerusalem,
Knights of Malta, the Ecumenical Order,
816 F. Supp. 2d 1290, 1303 (S.D. Fla.
2011) (“SMOM”) (quoting Fla. Stat. §
501.204(1))....
CopyCited 68 times | Published | Court of Appeals for the Eleventh Circuit | 53 Fed. R. Serv. 3d 823, 64 U.S.P.Q. 2d (BNA) 1353, 2002 U.S. App. LEXIS 18485, 2002 WL 31000244
...trademark
infringement and unfair competition in violation of § 43(a) of the Trademark Act
of 1946 (Lanham Act), 15 U.S.C. § 1125(a); the Florida Deceptive and Unfair
4
Trade Practices Act, Fla. Stat. § 501.204 (“FDUTPA”); and Florida common law.
On the same day, CMI forwarded a courtesy copy of the complaint to Clear
Channel along with a cease and desist demand.
Six days later, on October 18, CMI filed a motion for a preliminary
injunction....
CopyCited 66 times | Published | Supreme Court of Florida
...red the class action allegations stricken as to the remaining counts. In striking the class action allegations, the trial court ruled Section 711.12(2), Florida Statutes (1975), [1] unconstitutional. *602 In dismissing Count I, which was grounded on Section 501.204, Florida Statutes (1975), [2] the trial court declared Section 501.204 unconstitutional. An appeal was taken from the trial court's order, but on motion of the appellants, the cause was remanded as to Count I, after Section 501.204, Florida Statutes (1975), withstood constitutional attack in Department of Legal Affairs v....
...Service of process upon the association shall not constitute service of process upon any unit owner. Nothing herein shall limit any statutory or common law right or any individual unit owner or class of unit owners to bring any action which may otherwise be available in any court. [2] Section 501.204(1) provides, as follows: Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful....
CopyCited 46 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1126
...name on them, but only after he had reviewed them. She did not recall ever signing his name to a report he had not reviewed. Sections
501.201 through
501.213, Florida Statutes (1981), constitute the Florida Deceptive and Unfair Trade Practices Act. Section
501.204 provides that "[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful." An exact definition of the "unfair or deceptive acts or practices" is provided nowhere in the statute. Section
501.204(2), however, states that "[i]t is the intent of the Legislature that in construing subsection (1) of this section, due consideration and great weight shall be given to the interpretations of the ......
...rtising claims as "unfair and deceptive" in violation of the act, the language of the statute does not limit its application to these types of cases, but makes it applicable to all "unfair or deceptive acts or practices in the conduct of any trade." § 501.204(1), Fla....
...A finding of fraud, however, is not necessary to sustain a violation under the act. Rollins, Inc. v. Heller,
454 So.2d 580 (Fla. 3d DCA 1984). As the Rollins court pointed out, the legislature has specifically provided that great weight is to be given the federal courts' interpretations of the Federal Trade Commission Act. §
501.204(2), Fla....
CopyCited 41 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 51492, 2007 WL 2050994
...ff Berry's rental of a vehicle at a Budget location in Florida. The Act declares unlawful "unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla Stat. § 501.204 (2007)....
...Likewise, in Florida, the statute provides that in construing this language, courts should look to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5(a)(1) of the Federal Trade Commission Act. Fla Stat. § 501.204 (2007)....
CopyCited 38 times | Published | Supreme Court of Florida
...Thus, this Court has found the same or highly similar statutory language unconstitutionally vague when used in one particular statute, but sufficiently unambiguous when used in a different legislative act. In Department of Legal Affairs v. Rogers,
329 So.2d 257 (Fla. 1976), this Court upheld the constitutionality of Section
501.204, Florida Statutes (1975) (the Little FTC Act), which proscribed "unfair methods of competition and unfair or deceptive *167 acts or practices in the conduct of any trade or commerce." [1] We held that the potentially ambiguous languag...
...Article III, Section 18 of our Constitution. [5] The decision and judgment of the District Court of Appeal, First District, is affirmed. OVERTON, C.J., and BOYD, ENGLAND, HATCHETT and KARL, JJ., concur. ADKINS, J., concurs in result only. NOTES [1] § 501.204, Fla....
CopyCited 38 times | Published | Supreme Court of Florida
...Nagin, Atlanta, Ga., for The Federal Trade Commission, Atlanta Regional Office, amicus curiae. ROBERTS, Justice. This cause is before us on direct appeal to review the final judgment of the Circuit Court in and for Leon County, Florida, which directly passes upon the constitutionality of Sections
501.204 and
501.205, Florida Statutes, and finds the same to be unconstitutionally vague and indefinite and an unlawful delegation of legislative authority....
...Pursuant to the provisions of Part II of Chapter 501, Florida Statutes, the Department of Legal Affairs filed an amended complaint against appellee, Lee Rogers, doing business as American Holiday Association and charged violation of said statute in that appellee failed to comply with the requirements of Section 501.204, Florida Statutes, because he is wagering with the contestants on the outcome of the contest in violation of the public policy of Florida and since this conduct fails to meet the trade practice standard imposed by the decisions of the Federal Trade Commission and Federal Courts pursuant to the legislative intent of Section 501.204 (2), Florida Statutes....
...the average person could not through any exercise *259 of skill complete the puzzle in a reasonable amount of time with any certainty of having his score higher than any other contestant's score. Count II charged that appellee failed to comply with Section 501.204, Florida Statutes, because the weekly contests conducted by appellee are lotteries....
...device and enjoin its further solicitation and operation on Florida residents. In motions to dismiss the complaint against him, appellee alleged that the complaint failed to state a cause of action for which relief could be granted in that Sections
501.204 and
501.205, Florida Statutes, constitute unlawful delegations of legislative power, prerogative and authority to an administrative agency in violation of Article III, Section 1, Constitution of Florida; that the circuit court was without jur...
...ce the activity complained of is confined to use of the United States Postal Service and subject to rules and regulations relative thereto to the exclusion of the state authority; and that by basing Count I of the complaint upon alleged violation of Section
501.204, Florida Statutes, is indirectly alleging that the questioned word puzzle contests are in violation of Section
849.14, Florida Statutes, and to say this is a denial of Rogers' right to equal protection under the law....
...Count I of the amended complaint and on appellee's motions to dismiss. Determining that no genuine issue of material fact existed as to the issues made by Count I of the complaint and answer thereto or as to the constitutional challenge to Sections
501.204 and
501.205, Florida Statutes, and that judgment could be rendered as a matter of law, the trial judge entered final judgment in favor of appellee dismissing the amended complaint against appellee....
...result of any trial or contest of skill, speed, power, or endurance of man or beast condemned by Section
849.14, Florida Statutes, but rather is the playing of a game in a contest of skill for a prize. As to the constitutionality vel non of Sections
501.204 and
501.205, Florida Statutes, the trial judge concluded that these sections constitute an unlawful delegation of legislative authority....
...ismissed the complaint as to Counts I and II although it is noteworthy that no argument was made on the charge of operation of a lottery. Detailing the background of the "little FTC act" in order to evidence legislative intent, appellant posits that Section 501.204, Florida Statutes, which provides: "Unlawful acts and practices....
...§ 45(a)(1)), as from time to time amended." Also at issue here is whether or not Florida's Deceptive and Unfair Trade Practices Act constitutes an improper attempt to delegate legislative authority to the executive branch of government in violation of Article III, Section 1, Constitution of Florida. Since Subsection
501.204(2), Florida Statutes, imposes a clear and definite standard upon the enforcing authority in defining "unfair methods of competition" and "unfair or deceptive" trade practices under Sections
501.204 and
501.205, Florida Statutes, argues appellant, the trial court erred in invalidating these sections as unconstitutional delegations of legislative authority. Section
501.204(2), Florida Statutes, provides that due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the Federal Trade Commission....
...Orange State Oil Co.,
155 Fla. 722,
21 So.2d 599 (1945). Appellee's contention that its word puzzle game, alleged by appellant in its complaint to be an unlawful gambling device, has been approved by the Federal Trade Commission and thus meets the legislative intent of Section
501.204(2), Florida Statutes, is completely without merit....
...er or not the subject puzzle game is an unlawful wager or lottery does not preclude the State from taking such a posture. Finally, we determine that Administrative Rule 2-9.07, Florida Administrative Code, promulgated under the authority of Sections
501.204 and
501.205, Florida Statutes, is a valid and reasonable rule. Accordingly, for the reasons aforestated, we hold that Sections
501.204 and
501.205, Florida Statutes, are constitutional, are not vague and indefinite and do not constitute an unconstitutional delegation of legislative authority....
...constitutionally valid. I reach this conclusion for somewhat different reasons than my colleagues have articulated. The trial court below held the key provisions of the "little FTC act" to be unconstitutionally vague. I concede that the language of Section 501.204(1), Florida Statutes (1975), is more in the nature of a declaration of legislative policy than a prohibition of specific conduct....
...peared to be the ease by which the legislative targets avoided direct hits. [3] (3) Those whose conduct the act seeks to govern are merchants, tradesmen, and businessmen, as opposed to citizens and individuals in general. Terms such as those used in Section 501.204(1) have a general meaning in the marketplace for those whose livelihood takes them there every day....
...y the enforcing authority in the circuit court in the county of said party's residence. All parties shall be bound by the final order of the circuit court. [2] Specifically, the trial judge opined: "3. Turning now to the question of whether or not F.S.
501.204 and
501.205 constitute an unlawful delegation of legislative authority or power in violation of Section 1, Article III of the state constitution, it is concluded that such violation is involved....
...Among its stated purposes are to simplify, clarify and modernize the law governing consumer sales practices, to protect against unfair trade practices, and to make state regulation of consumer sales practices consistent with established policies of federal law relating to consumer protection. F.S.
501.202. In F.S.
501.204 it declares unlawful `......
...would be applicable. It will be viewed in its best light as intending only decisions made prior to the enactment of the law. However, this will not save it. * * * * * * "7... . Assuming that the contest is gambling within our prohibitory statutes, the language of F.S. 501.204(1) does not specify that such is an unfair or deceptive act or practice in the conduct of any trade or commerce....
CopyCited 37 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 6291, 2007 WL 789435
...2d 1290, 1296 (S.D. Fla. 2006).
Zlotnick timely appealed.
II. DISCUSSION
The FDUTPA declares that “unfair or deceptive acts or practices in the
conduct of any trade or commerce” are unlawful. Fla. Stat. Ann. §
501.204(1).
Pursuant to §
501.211, any person who has suffered losses as a result of a
violation may commence a private action to recover actual damages, attorney’s
fees, and costs....
CopyCited 34 times | Published | Florida 1st District Court of Appeal | 1996 WL 225715
...tices Act (the Florida DTPA), Chapter 501, Part II, Florida Statutes (1993). She contends, and we agree, that the circuit court erred in dismissing her claim because standing for the instant action is expressly provided by subsections
501.211(2) and
501.204(1) of the Florida DTPA....
...ithin the meaning of section
501.211, Florida Statutes (1993) and that: For over twelve years, defendants have engaged in, and have conspired amongst themselves to engage in, unfair methods of competition and unfair acts or practices in violation of section
501.204 of DTPA in the sale and marketing of infant formula to thousands of Florida consumers at excessively high prices....
...Any law, statute, rule, regulation or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices. (Emphasis supplied). Since "violation of this part" means "any violation of this act," and subsection 501.204(1) [3] proscribes unfair methods of competition as illegal, Mack's claim that she and others were damaged by unfair methods of competition engaged in by appellees gives her standing to bring this suit under the plain language of the Florida DTPA. Further, section 501.204(2) provides that in determining what constitutes an "unfair method of competition" under subsection 501.204(1), "due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to s....
...45(a)(1)." Section 5(a)(1) of the FTC Act encompasses violations of the antitrust laws. See FTC v. Indiana Federation of Dentists,
476 U.S. 447, 454-55,
106 S.Ct. 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....
...Although the plain language of the Florida DTPA permits Mack, a consumer, to bring this suit for price-fixing, appellees argue that she lacks standing to bring the instant action because Mack, as an indirect purchaser, would lack standing to bring a similar action under the FTC Act. Appellees reason that, because subsection 501.204(2) of the Florida DTPA requires due consideration and great weight should be given to federal precedent relating to claims arising under the FTC Act, Mack's standing to bring an action for unfair methods of competition under the Flori...
...over Shoe, Inc. v. United Shoe Machinery Corp.,
392 U.S. 481,
88 S.Ct. 2224,
20 L.Ed.2d 1231 (1968), preclude Florida consumers who are indirect purchasers from having standing to pursue antitrust claims under the Florida DTPA. We do not construe subsection
501.204(2) as grafting the federal standing rules onto the Florida DTPA. We agree with Mack that subsection
501.204(2) should be interpreted to mean that, in determining whether particular conduct violates the Florida DTPA, a court should consider whether the FTC and federal courts deem such conduct to be an unfair method of competition or an unconscionable, unfair or deceptive act or practice under section 5(a)(1) of the FTC Act. The reference in subsection
501.204(2) to section 5(a)(1) of the FTC Act, 15 U.S.C. § 45(a)(1), the parallel provision in the federal *105 act declaring unfair methods of competition and commerce to be unlawful, makes it evident that subsection (2) of section
501.204 is concerned with unlawful conduct not who may sue. Section
501.211, not section
501.204, controls the individuals who may sue....
...Recognizing that, under ARC America, it is left to the Florida legislature to make the policy decisions concerning whether to authorize damage actions by consumers for antitrust violations under Florida law, [7] we read subsections
501.202(2),
501.211(2) and
501.204(1) of the Florida DTPA as a clear statement of legislative policy to protect consumers through the authorization of such indirect purchaser actions....
...da DTPA, we were assured by counsel at oral argument that, in fact, the complaint was not tested to determine if it stated a cause of action, but the issue before the trial court was whether plaintiffs had standing to bring a Florida DTPA claim. [3] Section 501.204(1) provides: 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....
...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
...of the vehicle from the appellee was a consumer transaction within the meaning of section
501.203. They further alleged that the appellee's failure to disclose the fact that the vehicle had been damaged and repaired constituted a deceptive act under section
501.204....
...cies of federal law relating to consumer protection. To further these policy objectives, the legislature declared that "[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce" were unlawful. § 501.204(1)....
...r 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....
...that one of the additional policies it sought to promote was the protection of the "consuming public" from those who engage in "unconscionable" acts or practices. It implemented this new policy determination by amending the substantive provisions of section 501.204 to include "unconscionable acts and practices" as additional conduct which is declared unlawful....
...ciaries of the contract"), limited by Casa Clara Condominium Ass'n v. Charley Toppino and Sons, Inc.,
620 So.2d 1244, 1248 n. 9 (Fla.1993) (limiting Moyer "strictly to its facts"). [3] We note, in that regard, that the Florida Supreme Court declared section
501.204, which forms the substantive basis of the appellants' deceptive act claim against the appellee, to be constitutional in Department of Legal Affairs v....
CopyCited 34 times | Published | Florida 3rd District Court of Appeal | 2000 WL 121896
...aintainable as a class action. FDUTPA is a consumer protection statute, see §
501.202(2), Fla. Stat. (1991), which states in part that "unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful." Id. §
501.204(1)....
...410, 415 N.W.2d 206, 209 (1987) (footnote omitted); see Weitzel v. Barnes, 691 S.W.2d 598, 600 (Tex.1985); see also Orkin Exterminating Co. v. Federal Trade Commission,
849 F.2d 1354, 1368 (11th Cir.1988); Trans World Accounts, Inc. v. Federal Trade Commission,
594 F.2d 212, 214 (9th Cir.1979); §
501.204(2), Fla....
CopyCited 30 times | Published | District Court, S.D. Florida
...FDUTPA prohibits “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Carriuolo v. Gen. Motors Co.,
823 F.3d 977, 983 (11th Cir. 2016) (alteration in original) (quoting Fla. Stat. §
501.204 (1))....
...However, a FDUTPA plaintiff may also satisfy the first element by showing a traditional violation, alleging defendants engaged in “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or pommerce.” See Fla. Stat. § 501.204 (1)....
CopyCited 29 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21116679
...NOTES [1] Because the record in this nonfinal appeal is limited, this statement of facts is based on allegations in the pleadings and on the content of the various documents involved in the sales transaction. [2] See 15 U.S.C. § 2310 (2001). [3] See § 501.204, Fla....
CopyCited 27 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 16811, 2011 WL 3505016
...notice or warning, and that even once the Plaintiffs noticed the charges and
5
FDUTPA prohibits “[u]nfair methods of competition, unconscionable acts or practices,
and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. §
501.204(1)....
CopyCited 26 times | Published | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 8930, 2001 WL 300779
...§ 1125, et seq.; Count II, misappropriation of trade secrets under the Florida Trade Secret Act, Florida Statutes §
688.001 et seq.; Count III, conversion; and Count IV, deceptive and unfair trade practices under the Florida Deceptive and Unfair Trade Practices Act, Florida Statutes §
501.204 et seq....
...Accordingly, Dole's motion to dismiss count III of the complaint is denied. E. Count IV: Violation of the Florida Deceptive and Unfair Trade Practices Act In count IV, Del Monte brings a claim for deceptive and unfair trade practices under Florida Statutes §§ 501.204 et seq....
...Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA") provides, *1295 "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." Fla. Stat. § 501.204(1)....
CopyCited 25 times | Published | Florida 1st District Court of Appeal | 2004 WL 350742
...In the instant case, the Attorney General alleged that the individual appellees violated FDUTPA, which provides that "[u]nfair 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." § 501.204(1), Fla. Stat. (2001). It is the intent of the Legislature that, in construing section 501.204(1), "due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2001." § 501.204(2), Fla....
CopyCited 25 times | Published | District Court, M.D. Florida | 2007 WL 1111254
...hiring of the former employees, none of which constitute an unfair or deceptive trade practice. (Doc. No. 101, pp. 14-22). FDUTPA broadly declares unlawful any unfair or deceptive acts or practices committed in the conduct of any trade or commerce. § 501.204(1), Fla....
CopyCited 23 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 148186, 2014 WL 5139306
...Trade Practices Act (“FDUTPA”), Fla. Stat. §
501.201 et seq. The FDUTPA prohibits “[ujnfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce[.]” Id. §
501.204(1)....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit
...the balance billing provision limits the amount AMC could charge for its services.6
Counts II and III allege that AMC’s attempt to collect the balance of the bill
violated the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”),
Florida Statutes §
501.204.7 Count IV alleges that AMC violated the Florida
6
Count I seeks a declaratory judgment under Florida Statutes §
86.011, which authorizes
Florida courts to “to declare rights, status, and other equitable or legal rela...
...We therefore consider the Count as having been
incorporated into Counts II, III and IV. In Count V, Bailey brings a claim of unjust enrichment
on the ground that AMC received payment in excess of the fee schedule to which it was not
entitled.
7
Bailey alleged that AMC violated Florida Statutes § 501.204(1), which states: “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.” He sought a...
CopyCited 22 times | Published | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 776, 2008 WL 195107
...is for, the appellant's FDUTPA claim. In doing so, the trial court erred. The FDUTPA makes unlawful "unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." § 501.204, Fla....
...(2005); see also Citibank (S.D.) N.A. v. Nat'l Arbitration Council, Inc.,
2006 WL 2691528 (M.D.Fla. Sept. 19, 2006). FDUTPA makes unlawful "unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of trade or commerce." §
501.204, Fla....
...Instead of defining specific elements for an action under the statute, it directs the courts of Florida to give "due consideration and great weight . . .: to the interpretations of the Federal Trade Commmision *1073 Act, 15 U.S.C., section 45(a)(1)." § 501.204(2), Fla....
...5). More recently in Aboujaoude v. Poinciana Development Company
509 F.Supp.2d 1266, (S.D.Fla.2007), the court commented: FDUTPA makes unlawful "[u]nfair methods of competition or deceptive acts or practices in the conduct of any trade or commerce." §
501.204(1), Fla....
CopyCited 21 times | Published | District Court, S.D. Florida | 74 U.C.C. Rep. Serv. 2d (West) 298, 2011 U.S. Dist. LEXIS 39702, 2011 WL 1376029
...In Davis, Judge Padavano recognized that the Florida Deceptive and Unfair Trade Practices Act provides a cause of action "against a party who has engaged in `unfair or deceptive acts or practices in the conduct of any trade or commerce,' but it does not define the elements of such an action." Id. at 974 (citing § 501.204(1), Fla....
...(1999)). "Instead, the statute provides that the Florida courts must give `due consideration and great weight' to Federal Trade Commission and federal court interpretations of section 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C § 45(a)(1). See § 501.204(2), Fla....
CopyCited 20 times | Published | District Court, N.D. Florida | 2003 U.S. Dist. LEXIS 11872, 2003 WL 21463643
...ade by Cisco's officers and directors, which induced Plaintiffs to retain their Cisco stock, constituted an unconscionable, unfair, or deceptive act or practice within the terms of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"). See § 501.204, Fla....
...In construing the FDUTPA, courts should give "due consideration and great weight" to the "interpretations of the Federal Trade Commission and the federal courts relating to" Section 5 of the FTC Act, codified at 15 U.S.C. § 45(a)(1), as of July 1, 2001. Fla. Stat. § 501.204(2)....
...,
87 F.Supp.2d at 1294 (quoting Stephenson v. Paine Webber Jackson & Curtis, Inc.,
839 F.2d 1095, 1101 (5th Cir.1988)). The FDUTPA specifically instructs that "due consideration and great weight shall be given to the interpretations of the" FTC Act. §
501.204(2), Fla....
...lapsed." [19] The Court notes that by also declaring " unconscionable acts or practices" to be unlawful, the FDUTPA may go beyond the FTC Act, which only proscribes "unfair methods of competition" and "unfair or deceptive acts or practices." Compare § 501.204(1), Fla....
CopyCited 20 times | Published | Florida 4th District Court of Appeal
...at 480.
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA),
sections
501.201-501.213, Florida Statutes (2016), prohibits “[u]nfair
methods of competition, unconscionable acts or practices, and unfair or
deceptive acts or practices in the conduct of any trade or commerce . . . .”
§
501.204(1), Fla....
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
...e Practices Act, §
501.201, et seq. (1993) (hereinafter "UDAP" or "the Act"). Urling v. Helms Exterminators, Inc.,
468 So.2d 451, 453 (Fla. 1st DCA, 1985). The Act does not specifically define what acts or practices constitute a violation. However, §
501.204, Fla.Stat....
...e. [5] See Urling, supra at 453; Fleet, supra at 331. [6] Analogous to the New Jersey UDAP law, the Florida legislature specifically provided that great weight is to be given to the federal courts' interpretation of the Federal Trade Commission Act. § 501.204(2), Fla.Stat....
CopyCited 19 times | Published | District Court, S.D. Florida | 1995 U.S. Dist. LEXIS 14165, 1995 WL 574855
...[19] Also, by generating a high volume of products bearing Plaintiff's mark, Defendants lessen the uniqueness of the Plaintiff's mark, thereby undermining its strength. See Chassis Master Corp. v. Borrego,
610 F.Supp. 473, 479 (S.D.Fla.1985). [20] Florida Statute
501.204 provides in pertinent part: (1) Unfair methods of competition, unconscionable acts or practices in the conduct of any trade or commerce are hereby declared unlawful. Fla.Stat. ch.
501.204(1) (1995)....
CopyCited 19 times | Published | Florida 4th District Court of Appeal | 1998 WL 405915
...diminished value of the car in order to determine Corgnati's actual damages. Florida Deceptive and Unfair Trade Practices Act prohibits unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce. § 501.204, Fla....
CopyCited 19 times | Published | Florida 1st District Court of Appeal | 1996 WL 720607
...s state. On November 22, 1995, the trial court issued an order granting plaintiffs' motion for partial summary judgment on liability. In the order, the trial court found Badcock had been guilty of deceptive and unfair trade practices in violation of section 501.204, Florida Statutes, because (1) Badcock represented the non-filing fee was for purchase of insurance, when the relationship between Badcock and American Bankers was not one of insurance; (2) if the relationship were deemed insurance, i...
CopyCited 19 times | Published | Florida 4th District Court of Appeal | 1994 WL 112249
...He filed his action against Kraft in the circuit court in Broward County. In his initial complaint commencing the action, he included a claim seeking relief for misleading advertising under section
817.41, Florida Statutes (1991), [1] and a claim for relief under *108 section
501.204 of Florida's "Little FTC Act"....
...es, as well as punitive damages for misleading Plaintiff and the general public pursuant to §
817.41(5), Florida Statutes, together with costs and attorney's fees pursuant to §
817.41(6), Florida Statutes." Similarly, his demand for judgment under section
501.204 sought punitive damages, but he later conceded that that statute does not itself provide for punitive damages....
CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit
...And, they allege that Harborage violated 15 U.S.C. § 1703(a)(2) by making material misrepresentations in the Site Plan. Gentry-Hunt and the Stones also allege several state law claims against Harborage. Both Gentry-Hunt and the Stones allege that Harborage violated Fla. Stat. § 501.204(1) by making false representations in the Site Plan....
...The court also granted summary judgment in favor of the Stones under §
718.506 even though the Stones never asserted such a claim in their complaint. 3. ILSFDA, 15 U.S.C. § 1703(a)(2) and the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.204(1) The court granted summary judgment to Plaintiffs on their claims asserted under the ILSFDA anti-fraud provision, 15 U.S.C. § 1703(a)(2), and their claim asserted *1255 under Fla. Stat. §
501.204(1)....
...court erred in granting summary judgment to Plaintiffs on their claims asserted under Fla. Stat. §
718.506; (3) whether the court erred in granting summary judgment to Plaintiffs on their claims asserted under 15 U.S.C. § 1703(a)(2) and Fla. Stat. §
501.204(1), which Plaintiffs did not assert in their motion for summary judgment; and (4) whether the court erred in awarding Plaintiffs a refund of their deposits and attorneys' fees as damages under 15 U.S.C....
...138 at 4-5.) We therefore conclude that the district court erred in granting summary judgment to the Stones under §
718.506. We affirm the grant of summary judgment to Gentry-Hunt on the §
718.506 claim. C. Violation of the ILSFDA's Anti-Fraud Provision and the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.204(1) Harborage argues that the district court erred in granting summary judgment to Plaintiffs on their claim asserted under the ILSFDA anti-fraud provision, 15 U.S.C. § 1703(a)(2), and their claim asserted under Fla. Stat. §
501.204(1). Plaintiffs concede that they did not seek summary judgment under the ILSFDA's anti-fraud provision or §
501.204(1)....
...In this case, the court entered judgment on claims not identified by Plaintiffs in their Rule 56 motion and without advance notice. This was error. Consequently, we vacate the district court's grant of summary judgment to Gentry-Hunt and the Stones on their ILSFDA fraud claims and § 501.204(1) claims....
...We vacate the judgment in favor of the Stones on the §
718.506 claim. We vacate the grant of summary judgment in favor of Plaintiffs on the claim that Harborage violated the anti-fraud provision of the ILSFDA, 15 U.S.C. § 1703(a)(2), and the claim asserted under Fla. Stat. §
501.204(1)....
CopyCited 17 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 99779, 2009 WL 3582749
...The Florida Deceptive and Unfair Trade Practices Act is intended to "protect the consuming public and legitimate business enterprises from those who engage in unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. § 501.204(1)....
CopyCited 17 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 109960, 2009 WL 2207818
...of 17 U.S.C. § 1201; (6) trafficking in circumvention technology in violation of 17 U.S.C. § 1201; (7) breach of contract; (8) tortious interference with a contractual right; (9) unfair competition and false advertising in violation of Fla. Stat. § 501.204; (10) civil conspiracy; and (11) unjust enrichment....
CopyCited 17 times | Published | District Court, S.D. Florida | 2000 U.S. Dist. LEXIS 811, 2000 WL 224072
...uld be dismissed. The DPTA, otherwise referred to as the "Little FTC Act," prohibits "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce...." Fla.Stat. § 501.204(1) (1997)....
...expressly states that "due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act" in construing the terms. [7] Fla.Stat. § 501.204(2) (1997)....
CopyCited 17 times | Published | District Court, S.D. Florida | 1983 U.S. Dist. LEXIS 14253
...Contemporary Arts, Inc.
344 U.S. 228, 233,
73 S.Ct. 222, 225,
97 L.Ed. 276 (1952). 17. Defendants' activities constitute an unfair method of competition, unfair trade practice and deceptive practice in violation of section 43(a) of the Lanham Act, section
501.204 of the Florida Deceptive Trade Practices and Injury to Business Reputation statutes and the Florida common law of unfair competition....
CopyCited 17 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 71308
...The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) provides for a civil cause of action for "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." § 501.204(1), Fla....
CopyCited 17 times | Published | District Court, M.D. Florida
...f insurance" and are exempt from Florida's Misleading Advertising Law. Summary Judgment as to Count III will granted. 3. Count VII In Count VII, Plaintiffs bring a claim under Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA"). Fla. Stat. § 501.204 ....
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 2002 WL 726632
...[1] DUTPA provides that an aggrieved party may initiate a civil action against a party who has engaged in "[u]nfair methods of competition, unconscionable acts or practices," and "unfair or deceptive acts or practices in the conduct of any trade or commerce." § 501.204(1), Fla....
...On appeal, Keech argues for the first time that a single instance of misconduct cannot constitute a violation of DUTPA. In Beacon Property Management, Inc. v. PNR, Inc.,
785 So.2d 564 (Fla. 4th DCA 2001), the court said: The essential command of DUTPA is found in section
501.204(1), which provides that "[u]nfair 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." The Legislature has explicitly said that DUTPA was designed "to protect the consuming public and legitimate business enterprises" from "unfair methods of competition" and unfair "trade practices" in any business. * * * * * * The operative words of section
501.204(1) are methods and practices....
CopyCited 16 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 13665, 1990 WL 153997
...Defendant's Motion To Dismiss Count IV of Plaintiff's Complaint Florida's Deceptive and Unfair Trade Practices Act ("Act") primarily proscribes "[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce...." Fla.Stat. § 501.204(1)....
...Section
501.211(1), which creates the cause of action for declaratory or injunctive relief, provides in pertinent part: Without regard to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this part [including §
501.204(1)] may bring an action to obtain a declaratory judgment that an act or practice violates this part and to enjoin a supplier who has violated, is violating, or is otherwise likely to violate this part....
...Specifically, the plaintiff is attempting to enjoin the defendant from engaging in deceptive actions which allegedly violate the Act. To state a claim for injunctive relief, the plain language of the statute requires a plaintiff to allege that the defendant engaged in a deceptive act or practice in trade or commerce, §
501.204(1), and that the plaintiff be a person "aggrieved" by the deceptive act or practice, §
501.211(1)....
...See Klinger's Complaint at pars. 10 & 11. Further, the defendant's sale of a newspaper certainly would constitute engaging in "trade or commerce" as those terms are used in the Act. Consequently, the plaintiff's complaint has alleged a violation of § 501.204(1)....
...The plaintiff may state a claim for injunctive relief if he alleges that he was "aggrieved" by the defendant's violation of the Act. It appears that the plaintiff has done just that. The plaintiff's complaint alleges that because of the defendant's deceptive use of the tradenames, allegedly a violation of § 501.204(1), the plaintiff has lost business opportunity i.e., publishing opportunities....
CopyCited 16 times | Published | District Court, S.D. Florida | 1984 U.S. Dist. LEXIS 22266
...2 of the Sherman Act. 4. Standing under the Florida Deceptive and Unfair Trade Practices Act, Count XVII Defendants argue that the plaintiff lacks standing to pursue its claim under the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat.Ann. § 501.204(1) because the relationship between the plaintiff and the defendants in the instant case did not involve the requisite "consumer transaction"....
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 2007 WL 187691
...any rental agreement if the small business did not, make the first three lease payments timely. The allegations in the first amended complaint encompass multiple theories of recovery. The first component of Count I alleges that it is unlawful under section 501.204, Florida Statutes (2004), to enforce unfair and unconscionable agreements....
...make these agreements unconscionable: a so-called hell or high water provision, a free-floating venue provision, a warranty disclaimer provision, and an assignee liability provision. The second component of Count I alleges that it is unlawful under section 501.204, Florida Statutes (2004), to enforce agreements (regardless of any specific term in those agreements) procured through deceptive, unfair and unconscionable acts or practices....
...ning allegations of the first amended complaint. The Act provides that "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." § 501.204(1), Fla....
CopyCited 15 times | Published | District Court, N.D. Florida | 2012 WL 4510855, 2012 U.S. Dist. LEXIS 142212
...5-7). The Florida Deceptive and Unfair Trade Practices Act makes unlawful “[ujnfair *1264 methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.... ” Fla. Stat. § 501.204 (1). The statute requires that Florida courts give “due consideration and great weight ... to the interpretations of the Federal Trade Commission and the federal courts relating to § 5(a)(1) of the Federal Trade Commission Act....” Fla. Stat. § 501.204 (2)....
CopyCited 15 times | Published | District Court, M.D. Florida | 2002 WL 31971728
...ceptive acts or practices in the conduct of any trade or commerce." Keech v. Yousef,
815 So.2d 718, 719 (Fla. 5th DCA 2002), appeal dismissed, Table No. SC02-1611,
829 So.2d 918 (Fla. July 31, 2002), reh'g denied, (Oct. 21, 2002) (quoting Fla. Stat. §
501.204(1))....
...Under the statute, only a "consumer" may recover actual damages for unfair trade practices. Kelly v. Nelson, Mullins, Riley & Scarborough, L.L.P., 15 Fla. L. Weekly Fed. D247,
2002 WL 598427, *8 (M.D.Fla. Mar.20, 2002) (citing Fla. Stat. §
501.211(2)). Section
501.204(2) clearly states that in construing what an unfair method of competition is or what constitutes an unfair or deceptive act or practice in the conduct of any trade or commerce, courts should give due consideration and great weight to...
CopyCited 15 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 41146, 2007 WL 1655397
...f the general rule against piercing the corporate veil as to why Reardon may not be named as a Defendant. FDUTPA makes unlawful quinfair methods of competition and unfair or deceptive *1277 acts or practices in the conduct of any trade or commerce." § 501.204(1) Fla....
CopyCited 15 times | Published | District Court, M.D. Florida | 1991 WL 1648
...5th DCA 1984), review denied,
461 So.2d 114 (Fla. 1985). In light of this Court's previous analysis, the Plaintiff has also proved each of the necessary elements in its claim for common law unfair competition. Finally, Plaintiff alleges, in Count Four, that Defendants violated Florida Statute Section
501.204 by engaging in unfair and deceptive business practices....
CopyCited 14 times | Published | District Court, S.D. Florida | 215 U.S.P.Q. (BNA) 358, 1981 U.S. Dist. LEXIS 16432
...1971). Palming off, of course, is attempting to sell one's products as that of another. In light of this Court's conclusion that Suave did not attempt to palm off its shoes as Brooks shoes, Plaintiff has failed to prove their cause of action under Section 501.204, Florida Statutes....
CopyCited 14 times | Published | Florida 5th District Court of Appeal
...pay higher rentals and accepting reduced services or incurring the costs and expenses of moving their mobile homes to other mobile home parks. It seeks to have the court declare the circumstances a deceptive and unfair trade practice as described in section 501.204, Florida Statutes (1979), and to have the landlord enjoined from reducing services or increasing rental beyond the compounded cost of living increases since the date of such "inducement." Count II was brought under the authority of se...
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 1988 WL 37851
...er the car dealer resold the car to a third person. The girlfriend sued the car dealer for count I, common law fraud; count II, conversion (or civil theft under §
812.035(7), Florida Statutes (1985)); count III, unfair or deceptive trade practices (§
501.204, et seq., Florida Statutes); count IV, violation of section
320.27, Florida Statutes; count V, breach of contract; and count VI, violation of Uniform Commercial Code section 679.502(2), Florida Statutes....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2004 WL 2533580
...We therefore conclude that the 1993 amendments to FDUTPA made clear that the statute is not limited to purely consumer transactions. It is now intended by its plain text to apply to any act or practice occurring "in the conduct of any trade or commerce " [e.s.] even as between purely commercial interests. § 501.204, Fla....
CopyCited 13 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 52826, 2007 WL 2120262
...CPA. B. FDUTPA In the FDUTPA claim, plaintiffs' largely assert the same facts that purportedly support the FCCPA claim. The FDUTPA declares that "unfair or deceptive acts or practices in the conduct of any trade or commerce" are unlawful. Fla. Stat. § 501.204(1)....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 20185, 2004 WL 3010469
...FDUTPA provides that an aggrieved party may initiate a civil action against a party who has engaged in "[u]nfair methods of competition, unconscionable acts or practices," and "unfair or deceptive acts or practices in the conduct of any trade or commerce." § 501.204(1), Fla....
CopyCited 12 times | Published | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 14834, 2001 WL 1110493
...g Defendants Victoria's Secret to summary judgment as a matter of law. G. Fifth Counterclaim, Trademark Dilution (Florida Statute § 495.15); Sixth Counterclaim, Deceptive and Unfair Practices and Florida's Consumer Protection Law (Florida Statute § 501.204); Seventh Counterclaim, Common Law Trademark Infringement and Unfair Competition....
...The service agreement incorporated the ICANN Policy. [2] The trademark dilution counterclaim alleged state law violation is predicated upon Fla. Stat. Ann. §
495.151; the alleged violation of Florida's consumer protection law is based upon Fla. Stat. §
501.204 (deceptive and unfair trade practices)....
CopyCited 12 times | Published | District Court, S.D. Florida | 1985 U.S. Dist. LEXIS 23783
...Act, §
895.03, Florida Statutes; the Florida Trespass and Larceny of Cable Television Service Statute, §
812.14, Florida Statutes; Florida Theft Statute, §
812.014(1), Florida Statutes; the Florida Unfair and Deceptive Acts or Practices Statute, §
501.204, Florida Statutes; and common law remedies for conversion and unfair competition....
CopyCited 12 times | Published | District Court, S.D. Florida | 1979 U.S. Dist. LEXIS 8417
...The plaintiff has alleged that the defendants violated the central provision of the "Little FTC Act": Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. Fla.Stat. § 501.204(1)....
...on on grounds which require the least amount of federal judicial forecasting of state court decisions. Before it could possibly reach such broad propositions as whether the attorney-client relationship constitutes "trade or commerce" under Fla.Stat. § 501.204, the Court must determine whether this plaintiff has been granted a private right of action to sue for damages under the "Little FTC Act." The Act contains rather specific enforcement provisions. It establishes a comprehensive system of administrative enforcement. The Florida Department of Legal Affairs is empowered to promulgate rules implementing the broad language of § 501.204....
...§§
501.206-208. [3] The Act also provides that "due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to § 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1))." Section
501.204(2)....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1995 WL 15532
...Similarly, we have reviewed count two of the complaint and find that allegations of each essential element of a cause of action for fraud have been pled. Appellant next stated a cause of action for violation of Florida's Deceptive and Unfair Trade Practices Act. Fla. Stat. § 501.204, (1991)....
...injurious to consumers.'" Id. (citing Spiegel, Inc. v. Federal Trade Comm.,
540 F.2d 287, 293 (7th Cir.1976)). The Florida Legislature intended chapter 501 to be construed liberally. See section
501.202. In light of the liberality contemplated under section
501.204, we hold that appellant has stated a cause of action when taking as true, as this court must, his allegations that defendants intentionally concealed from appellant that he was entering into a lease agreement rather than a sales agreement and that he was deprived of his trade-in from his own vehicle....
CopyCited 11 times | Published | District Court, S.D. Florida | 2001 WL 668383
...§ 1125 et seq.; count II, misappropriation of trade secrets under the Florida Trade Secrets Act, Fla.Stat. §
688.001 et seq.; count III, conversion; and count IV, deceptive and unfair trade practices under the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat. §
501.204 et seq....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...nder a security agreement. Chicken Unlimited then filed a complaint for replevin. Mr. Bockover answered and filed a counterclaim for damages alleging that Chicken Unlimited had been guilty of (1) unfair and deceptive trade practices as prohibited by Section
501.204, Florida Statutes (1977), [1] (2) intentional misrepresentations in the sale of a franchise as prohibited by Section
817.416, Florida Statutes (1977), and (3) common law fraud....
...Moreover, even if it could be said that certain of Chicken Unlimited's statements were indisputably misleading, if not false, the jury's verdict is still supportable. Section
501.211(2), Florida Statutes (1977), which gives a person a cause of action against one who violates Section
501.204, reads as follows: In any individual action brought by a consumer who has suffered a loss as a result of a violation of this part, such individual may recover actual damages, plus attorney's fees and court costs as provided in section...
...Bockover incurred as a result of his franchise's failure. In view of what we have said, we reverse and remand with instructions that the court reinstate the jury verdict and enter judgment for Chicken Unlimited. [2] BOARDMAN and SCHEB, JJ., concur. NOTES [1] 501.204 Unlawful acts and practices (1) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 16782, 2003 WL 22492343
...On March 24, 2001, Thompson moved for leave to file an amended answer and counterclaim; the proposed pleading contained the affirmative defense that the "subject matter of this action was procured by fraud." The counterclaim contained counts for fraud and deceptive trade practices under section 501.204, Florida Statutes (1999)....
CopyCited 10 times | Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 39240, 2006 WL 45902
...is-à-vis the Defendants (i.e., the parties have not engaged in a consumer transaction), as Defendants have merely attempted to collect a debt *1274 arising from a transaction with Foxcroft. Williams specifically claims that Defendants have violated Section 501.204(1), Fla. Stat., providing that "[u]nfair 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." Fla. Stat. § 501.204(1)....
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
...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. Section
501.204 of the Florida Statutes provides that any "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce" are declared unlawful. The statute was amended in 1986 to add a section entitled "Sale of used goods as new." Section
501.2045, Fla.Stat....
...In re International Horizons,
751 F.2d 1213 (11th Cir.1985); In re Patrick,
96 B.R. 358 (Bankr.M.D.Fla.1989). Even if *1018 this theory of action were timely, however, this Court is satisfied that the Claimants could not prevail under the statute for the following reasons: First, it appears that Section
501.2045, regarding the sale of used goods as new, may not apply to the transactions at issue in this case....
...Many of the purchases involved in this case, however, occurred before 1986 and therefore at a time when the Section was not in effect. Further, it is clear that an actual misrepresentation must have occurred in order to be entitled to relief under Section 501.2045....
...he vehicles. Instead, Crown's representatives informed the Claimants that the cars had been driven, did not alter the mileage on the odometers, and had no duty to disclose that the cars were recovered vehicles. Additionally, the cases reported under Section 501.2045 involve situations in which the goods had been damaged, and the damage was not disclosed to the customer. There is no evidence in this case of any damage to the vehicles which resulted from the thefts or other incidents with the cars. Finally, as to Section 501.204 of the Florida Statutes, although it appears that this provision may not require proof of actual fraud, the consumer must prove that the seller engaged in "unfair or deceptive acts or practices" in order to be entitled to relief....
...o consumers." Urling v. Helms Exterminators, Inc.,
468 So.2d 451, 453 (Fla. 1st DCA 1985), citing Spiegel, Inc. v. Federal Trade Comm.,
540 F.2d 287, 293 (7th Cir.1976). In this case, Crown's conduct was not unfair or deceptive within the meaning of Section
501.204....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1998 WL 568123
...Nothing in the count suggests the theory upon which the plaintiff sought to hang GMAC's liabilitythat GMAC was implicated in the dealer's conduct by conducting a training school where salespersons from dealerships were taught methods of switching consumers to leases using techniques violative of the Little FTC Act. Section 501.204(1), Florida Statutes (1997), uses generic terms, such as "unfair," "unconscionable," and "deceptive," to describe unlawful conduct....
CopyCited 9 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 99459, 2008 WL 4507506
...Whether Sundance has Adequately Plead a Claim Under the FDUTPA The FDUTPA provides a cause of action for "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce...." Fla. Stat. § 501.204(1) (2001)....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1995 Fla. App. LEXIS 2592, 1995 WL 106923
...The Florida Legislature's intent was for the court, in construing what constitutes an unfair method of competition, an unconscionable act or practice, or an unfair or deceptive act or practice, to give great weight to what interpretation federal courts have given those same terms. See § 501.204(2), Fla....
...Based on the disposition of the previous issues, we do not need to address the remaining issues raised by the plaintiff on appeal. Accordingly, we reverse the judgment below and remand for a new trial on both the common law fraud and FDUTPA claims. NOTES [1] Section 501.204, Unlawful Acts and Practices, provides in part: (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.
CopyCited 9 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 1805, 2010 WL 111492
...rce under the statute so their FDUTPA claims fail as a matter of law. FDUTPA prohibits "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. 501.204(1)....
...Nevertheless, we are also constrained to find that summary judgment for the firm is still required because Plaintiffs have not satisfied the "trade or commerce" element of FDUTPA. [10] As noted earlier, FDUTPA prohibits unfair or deceptive acts or practices "in the conduct of any trade or commerce." § 501.204(1)....
...§ 8308, contains a similar notice requirement. [6] The firm mentions it has found no case deciding this issue under the Federal Trade Commission Act, which is explicitly entitled to "due consideration and great weight" in construing FDUTPA. See Fla. Stat. § 501.204(2)....
CopyCited 9 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 28301, 2009 WL 689714
...[1] Plaintiffs' claims originally included: (1) violations of the Interstate Land Sales Full Disclosure Act ("ILSFDA"), 15 U.S.C. § 1501 et seq.; (2) publication of false and misleading information under §
718.506, Florida Statutes; (3) violation of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA") under §
501.204(1), Florida Statutes; (4) breach of contract; (5) declaratory judgment; (6) negligent misrepresentation; and (7) fraudulent misrepresentation....
...Accordingly, there is a material issue of fact as to the amount of damages Plaintiffs may recover. B. FDUTPA Claims 1. Harborage Plaintiffs also assert that Harborage and Northside violated the FDUTPA based on the aforementioned misrepresentations concerning the Harborage Condominiums and the Harborage Yacht Club boat slips. Section 501.204(1), Florida Statutes, states: 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. § 501.204(1), Fla....
CopyCited 8 times | Published | District Court, M.D. Florida
...serted six claims against Goble: (1) breach of contract; (2) conversion; (3) violation of the Lanham Act, 15 U.S.C. § 1125; (4) fraud; *1303 (5) declaratory relief; and (6) violation of Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA"), § 501.204(1), Fla....
...Finding no evidence in the record that Goble falsely designated the origin of any software, summary judgment for Goble is appropriate on this claim. III. FDUTPA FDUTPA broadly declares unlawful any unfair or deceptive acts or practices committed in the conduct of any trade or commerce. § 501.204(1), Fla....
CopyCited 8 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 79733, 2008 WL 4462304
...omers that their equipment would not work properly after the sunset period, especially considering that the actions of the cellular carriers were out of ADT's control. I find that the Plaintiffs have properly alleged a claim under FDUTPA. Fla. Stat. § 501.204(1)....
CopyCited 8 times | Published | District Court, M.D. Florida | 2013 WL 5705438, 2013 U.S. Dist. LEXIS 150086
...of any trade or commerce.” Fla. Stat. §
501.202 (2). The Act declares unlawful “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. §
501.204 (1)....
...of any trade or commerce.” Fla. Stat. §
501.202 (2). The Act declares unlawful “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. §
501.204 (1)....
CopyCited 8 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 16341, 2002 WL 1292000
...Thus, dilution is inapplicable and Merisant's motion for summary judgment as to Count VII is DENIED. 3. COUNT VIIIUNFAIR TRADE PRACTICE UNDER THE FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT In Count VIII, Merisant alleges that, in violation of the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat. § 501.204, the Trio defendants participated in unconscionable acts or practices and participated in unfair or deceptive acts and practices by knowingly manufacturing, selling, and distributing the counterfeit Equal product....
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit | 41 Media L. Rep. (BNA) 1525, 2013 WL 776361, 2013 U.S. App. LEXIS 4452
...television viewing audience translates into “ratings,” or the number of households
1
The district court reserved ruling on Sunbeam’s remaining two claims under the Florida
Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.204, and contract common law.
Sunbeam was unwilling to proceed to trial on these claims, and stipulated to their dismissal with
prejudice.
2
Since the 1950's, Nielsen has been the predominant supplier of television audience
measurement services in the United States....
CopyCited 8 times | Published | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 10539, 1993 WL 289258
...Unfair Competition, False Designation & Dilution Dynascan also presents an allegation of false designation of origin under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), state law causes of action for dilution, pursuant to Fla.Stat. §
495.151, and unfair and deceptive trade practices, pursuant to Fla.Stat. §
501.204(1), and a common law cause of action for unfair competition....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1989 WL 4179
...A sale of real estate is not a "consumer transaction" within the statutory definition. Larry Kent Homes, Inc. v. Empire of America FSA,
474 So.2d 868 (Fla. 5th DCA 1985); State v. DeAnza Corp.,
416 So.2d 1173 (Fla. 5th DCA 1982). Appellee relies on the broad language of section
501.204(1) which says: (1) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful....
CopyCited 7 times | Published | District Court, M.D. Florida | 2008 U.S. Dist. LEXIS 70155
...Trade Practices Act, sections
501.201-.213, *1279 Florida Statutes. The Act declares unlawful any "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." §
501.204, Fla....
CopyCited 7 times | Published | District Court, S.D. Florida | 1995 U.S. Dist. LEXIS 18526, 1995 WL 728167
...NOTES [1] On August 16, 1995, the Court denied the portion of that motion regarding subject matter jurisdiction, and reserved ruling on the issue of personal jurisdiction pending a limited evidentiary hearing. [2] LOTI's other claims are for violation of Florida's Little FTC Act, F.S. § 501.204 et....
CopyCited 7 times | Published | District Court, S.D. Florida | 1983 U.S. Dist. LEXIS 15370
...s no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Count III of the Amended Complaint concerns claims of conduct by Travenol constituting unlawful and unfair competition in violation of Section 501.204, Florida Statutes (1982)....
...[1] This statute has been called *1482 the Florida "Little FTC," because it is an analog of the federal fair trade law. See 15 U.S.C. § 45(a)(1) (1982). [2] The Florida provision was intentionally patterned after the federal law and its interpretation is expressly tied to that of its federal counter-part. See Fla.Stat. § 501.204(2) (1982)....
...(2) It is the intent of the legislature that in construing subsection (1) of this section, due consideration and great weight shall be given to the interpretations of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended. Fla.Stat. § 501.204 (1982)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1703
...the court there held that, like Anden, the appellant was a direct participant in the dealings with the appellee and therefore there was no necessity to pierce the corporate veil of the contracting party in order to impose liability on the appellant. Section 501.204, Florida Statutes (1979), declares unlawful unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...[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. [2] Section
501.204(1), Florida Statutes. [3] Section
501.204(2), Florida Statutes....
CopyCited 7 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 28276, 2005 WL 1026025
...Melbourne International Communications, Ltd.,
329 F.3d 1241, 1247 (11th Cir.2003). As such, the Court grants SQD's motion for summary judgment for any FDUTPA claims that accrued prior to July 1, 2001. 2. FDUTPA Claims Accruing on July 1, 2001 and Thereafter Florida Statute §
501.204 provides that "[u]nfair 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." "The concept of `unfair or deceptive acts' i...
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2012 WL 3870405, 2012 Fla. App. LEXIS 14997
...ations about a relationship between itself and Wyndham constitute deceptive or unfair trade practices subject to injunctive relief. FDUTPA broadly prohibits any unfair or deceptive acts or practices committed in the conduct of any trade or commerce. § 501.204(1), Fla....
...5th DCA 2008). Thus, FDUTPA’s clear intent is to provide both equitable and legal remedies to aggrieved parties or persons, including businesses, who have *1152 sustained actual losses because of a violation of its provisions. See §§
501.202(2),
501.204(1), Fla....
CopyCited 6 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 146963, 2012 WL 4760800
...§ 1125 (a) et seq.; (3) violating the Florida Registration and Protection of Trademarks Act, Fla. Stat. §
495.131 et seq.; (4) violating the Florida Trademarlc Dilution Act, Fla. Stat. §
495.151 ; (5) violating the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.204 et seq.; (6) trademark infringement under Florida common law; (7) unfair competition under Florida common law, and; (8) civil conspiracy....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 12856, 2009 WL 2777094
...The Hartleys raised several affirmative defenses and filed a counter-claim seeking rescission of the contract. They later amended their counterclaim to add a third party complaint against Wayne Frier based upon breach of contract, fraud and violation of Florida's Deceptive and Unfair Trade Practices Act, section 501.204, Florida Statutes....
CopyCited 6 times | Published | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 95990, 2009 WL 3367336
...The legal standards for Florida statutory and common law claims of trademark infringement and unfair competition under the Florida Registration and Protection of Trademarks Act (FRPTA), Florida Statutes §
495.151, and the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Florida Statutes §
501.204, are the same as those for federal claims of trademark infringement and unfair competition....
...yber Secret Ltd. Partnership v. V Secret Catalogue, Inc.,
161 F.Supp.2d 1339, 1355-56 (S.D.Fla.2001). F. Dilution under Florida Statutes (Counts VI and VII) The FRPTA and FDUTPA also permit an antidilution claim under Florida Statutes §
495.151 and §
501.204, respectively....
...Therefore, the elements of a dilution claim under the Lanham Act have been satisfied, and Rain Bird is entitled to summary judgment on its federal dilution claim, Count III. D. Florida Common Law Trademark Infringement and Unfair Competition (Counts IV and V) and Trademark Dilution under Florida Statutes §§ 495.15, 501.204 (Counts VI and VII) The same facts and legal analysis giving rise to a finding that Rain Bird has established its entitlement to summary judgment on its federal trademark infringement, unfair competition, and dilution claims impel the conclus...
CopyCited 6 times | Published | District Court, N.D. Florida | 2007 U.S. Dist. LEXIS 22260, 2007 WL 951804
...Section
501.2075 is entitled "civil penalty" and states, in relevant part, that Except as provided in s.
501.2077, any person, firm, corporation, association, or entity, or any agent or employee of the foregoing, who is willfully using, or has willfully used, a method, act, or practice declared unlawful under s.
501.204, or who is willfully violating any of the rules of the department adopted under this part, is liable for a civil penalty of not more than $10,000 for each such violation. Fla. Stat. §
501.2075. Section
501.204 declares unlawful quinfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Plaintiffs FDUTPA claim arises out of the identical transactions...
...l Affairs. See Fla. Stat. §
501.203(2). [6] The Florida legislature intended that "due consideration and great weight . . . be given to the interpretations of the Federal Trade Commission and the federal courts" when interpreting FDUTPA. Fla. Stat. §
501.204(2)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...A judgment was recovered by them in which it was recited that the foundation and side walls were not built according to plans, and that the overall quality of the house was substandard. Following the judgment, the Board filed an administrative complaint, alleging Swebilius had violated § 501.204, Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2004 WL 221311
...In addition, the complaint describes methods employed by the appellant with regard to subscription efforts and customer retention procedures, with particular allegations as to deceptive and unfair acts or practices. Claims were made in two counts, one under the FDUTPA at section
501.204, Florida Statutes, and the other under the FFGAL at section
817.415, Florida *171 Statutes, with the appellee seeking damages as well as declaratory and injunctive relief....
CopyCited 6 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 6917, 2010 WL 146846
...The FDUTPA does not define what constitutes a deceptive act or unfair practice, but provides that courts give “due consideration and great weight” to Federal Trade Commission and federal court interpretation of section 5(a)(1) of the Federal Trade Commission Act in interpreting those terms. Fla. Stat. § 501.204 ....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1991 WL 17246
...§ 1125 (a) (1988). Count sixteen alleged that the actions taken by LJS as described in counts thirteen, fourteen, and fifteen constituted unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade in violation of Fla.Stat. § 501.204 (1989)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...ney judgment entered herein it should be, and it is hereby, reversed *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....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2003 WL 1970761
...Because paragraph 4 allows either party to terminate at any time, this is not a valid option agreement, and the trial court was correct in dismissing the claims for specific performance and damages. It does not follow, however, that there cannot *1079 be a cause of action for deceptive trade practices under FDUTPA. 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" shall include the conduct of any trade or commerce, however denominated, including any nonprofit or not-for-profit person or activity. Florida courts, in construing Chapter 501, are guided by federal decisions interpreting the Federal Trade Commission Act. § 501.204(2)....
CopyCited 5 times | Published | District Court, M.D. Florida | 2013 WL 5663599, 2013 U.S. Dist. LEXIS 150675
...§ 1114 ; (2) Count Two-unfair competition and false advertising in violation of 15 U.S.C. § 1125 ; (3) Count Three — contributory trademark infringement; (4) Count Four — unfair competition and deceptive trade practices in violation of Fla. Stat. § 501.204 ; (5) Count Five— civil conspiracy in violation of Florida common law....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2014 WL 2040853, 2014 Fla. App. LEXIS 7574
...Andrew v. Shands at Lake Shore, Inc.,
970 So.2d 887, 889 (Fla. 1st DCA 2007). FDUTPA prohibits “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” §
501.204(1), Fla. Stat. (2011). The term “trade or commerce” as used in section
501.204(1) is defined as “advertising, soliciting, providing, offering, or distributing whether by sale, rental, or otherwise, of any good or service, or any property ......
CopyCited 5 times | Published | District Court, S.D. Florida | 2011 WL 1792744
...Inc. v. Butland,
951 So.2d 860, 869 (Fla.2d Dist.Ct.App.2006). FDUTPA proscribes "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce. . . ." Fla. Stat. §
501.204(1)....
...[4] FDUTPA provides that "in construing subsection (1), due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act. . . ." Fla. Stat. § 501.204(2)....
CopyCited 5 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 34059, 2006 WL 1389878
...icable to real estate transactions. The Act provides that "[u]nfair 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." Fla. Stat. § 501.204(1) (emphasis added)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 8917, 2014 WL 2599682
...The Trial Court Used an Outdated Definition of Unfair Trade Practice. FDUTPA declares unlawful “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” § 501.204(1), Fla....
...By operation of law, therefore, it was incorporated into Florida law in the 1983 amendments to FDUTPA and readopted by the subsequent amendments. See amendments to §
501.203(3)(b), note 5, supra. In nearby statutory sections, the Legislature reiterated that FDUTPA should be interpreted in line with federal law. For example, section
501.204(2) provides: It is the intent of the Legislature, that, in construing subsection (1), due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to s....
...5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. s. 45 (a)(1) as of July 1, 2013. FDUTPA’s reference to section 45(a)(1) of the United States Code is no coincidence. Section 45(a)(1) is the federal law upon which FDUTPA was modeled. Its language is virtually identical to section 501.204(1), Florida Statutes, which is the keystone provision of FDUTPA....
...courts. In the present case, however, we are squarely faced with the issue of whether Florida has adopted the 1980 Federal Trade Commission definition of unfair trade practice. Following the clear and unambiguous directive of sections
501.203(3)(b),
501.204(2), and
501.202(3), Florida Statutes, we hold the 1980 Policy Statement’s definition of unfair trade practice should be used when interpreting FDUTPA....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1991 WL 138900
...817. That chapter only applies to goods and merchandise, not cable television services. See Satellite Television v. Continental Cablevision,
714 F.2d 351, 353 (4th Cir.1983) (cable television programming is a service, not goods or merchandise). [3] SECTION
501.204 Section
501.204 et seq., Florida Statutes, also may not apply to the ENCORE marketing plan....
...That section does not govern the modification of contracts and appellants' marketing of ENCORE and their decision to add the ENCORE channel to the list of channels may be a modification of the existing contract with their customers. The trial court never addressed that issue. Nevertheless, section 501.204(2), Florida Statutes, clearly states that in construing what an unfair method of competition is or what constitutes an unfair or deceptive act or practice in the conduct of any trade or commerce, Florida courts should give due conside...
...eight to the Federal Trade Commission's [FTC] interpretations of the equivalent federal law. "Negative option plan" is a term of art used in the FTC regulations, however, no federal rule exists that addresses the ENCORE-type marketing plan. Nor does section 501.204, Florida Statutes, mention negative option plans: Unlawful acts and practices (1) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful....
...tions. Accordingly, we conclude that 16 C.F.R. 425 cannot serve as a basis on which to determine whether the marketing scheme in question constitutes a deceptive and unfair business practice. Therefore, to obtain the temporary injunction pursuant to section 501.204 the Department had to clearly establish that the ENCORE marketing plan was unfair or deceptive....
...injunction. I respectfully dissent as to the remand for the Department to seek permanent injunctive relief pursuant to its complaint. There are no ascertainable standards under Florida or federal law to govern conduct or judicial determination under section 501.204, Florida Statutes. Before the Department can proceed further it must promulgate a rule which specifies that the ENCORE-type marketing plan is prohibited by section 501.204....
...The First DCA determined that the Department was not entitled to a cease and desist order pursuant to section
501.208 *242 because the Department had not promulgated any rules which would tend to notify the appellants that their conduct was proscribed by section
501.204....
...t effect. Id.
405 U.S. at 249,
92 S.Ct. at 908,
31 L.Ed.2d at 182. Here, as in Lavers, there are no rules addressing appellants' marketing method or setting forth what conduct with respect to such marketing methods is deceptive or unfair pursuant to section
501.204. Appellants had no notice that their conduct violated section
501.204 and the trial court had no standard by which to determine whether appellants' conduct violates section
501.204. We should conclude that section
501.205 requires the Department to promulgate rules which specify the conduct prohibited by section
501.204....
CopyCited 5 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 15224, 2002 WL 1888791
...s. The Florida Deceptive and Unfair Trade Practices Act provides a private right of action for unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in conducting any trade or commerce. Fla. Stat. § 501.204....
CopyCited 5 times | Published | District Court, S.D. Florida
...to these Doe defendants other than as follows: "Defendants, DOES 1-20 are persons or entities that may be responsible for the wrongs alleged herein whose identities are unknown to Plaintiffs despite efforts to determine their identity." Compl. ¶ 5. § 501.204, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2004 WL 3015184
...This case is before the court on an appeal and cross-appeal from a class certification order in an action under the Florida Consumer Collection Practices Act, section
559.77, Florida Statutes, and the Florida Deceptive and Unfair Trade Practices Act, section
501.204, Florida Statutes....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 9 Fla. L. Weekly 2638, 1984 Fla. App. LEXIS 16279
...The first count alleged that petitioners fraudulently induced Payne to enter into a franchise agreement by making false representations to her regarding the degree and likelihood of acquiring a profitable business. Count two alleged that the fraudulent acts complained of in count one constituted a violation of § 501.204, Florida Statutes....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 321189
...Bryant Heating & Air Cond. Corp. v. Carrier Corp.,
597 F.Supp. 1045 (S.D.Fla. 1984); Packaging Corp. Int'l v. Travenol Lab., Inc.,
566 F.Supp. 1480 (S.D.Fla. 1983); LJS Co. v. Marks,
480 F.Supp. 241 (S.D.Fla.1979). The essential command of DUTPA is found in section
501.204(1), which provides that "[u]nfair 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." [3] The Legislature has expli...
...[5] A breach of the *568 covenant to maintain the premises in a commercial lease is not inherently unconscionable or deceptive, and it does not seem to involve "methods of competition" or "trade practices" affecting competition. The operative words of section 501.204(1) are methods and practices....
...NOTES [1] The building was then titled in the name of a corporation, whose shares were owned by Giacomino and Willis. These two investors were apparently also the officers and directors who, in varying degrees, actually directed and managed the corporate entity. [2] See Ch. 501, Part II, Fla. Stat. (2000). [3] § 501.204(1), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1994 WL 486557
...The Florida Department of Legal Affairs (D.L.A.) appeals from a final order dismissing with prejudice its complaint against Father and Son Moving & Storage. [1] We reverse. The complaint filed by the Department of Legal Affairs alleges that Father and Son violated section 501.204, Florida Statutes (1991), which provides in pertinent part: 501.204....
...The trial court based this dismissal on the fact that there was no administrative rule or regulation specifying that the conduct of Father and Son was prohibited. The trial court reasoned that section
501.205 required an administrative rule delineating exactly what conduct was prohibited by section
501.204....
...All rules and administrative actions taken by the department shall be pursuant to chapter 120. [2] *24 The trial court further noted that there is no federal rule pertaining to "low ball" estimates to provide guidance as to what conduct is unfair and deceptive in accordance with section 501.204(2), requiring that great weight be given to the interpretations of the Federal Trade Commission and the federal courts relating to section 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C....
...constitutes an unfair trade practice). Father and Son argues that Department of Legal Affairs v. Rogers,
329 So.2d 257 (Fla. 1976), supports its argument that a specific rule or regulation is needed in order to find an act deceptive or unfair under section
501.204....
...use the gaming conduct in question was proscribed by Fla. Admin. Code Rule 2-907 adopted pursuant to section
501.205(1). Although the court in Rogers recognized that Rule 2-907, was a valid and reasonable rule, its specific holding was that sections
501.204 and
501.205 are constitutional as they are not vague and indefinite and do not constitute an unlawful delegation of legislative authority....
...Its finding of constitutionality was not based on the existence of Rule 2-907. Rather, we interpret Rogers as supporting our holding that a specific rule or regulation pursuant to section
501.205 is not needed to find that conduct was unfair or deceptive in accordance with section
501.204(1). [3] As previously noted, section
501.204(2) provides that great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts in interpreting the United States Federal Trade Commission Act. To preserve the constitutionality of this *25 statute, the court in Rogers interpreted section
501.204(2) as applying to Federal Trade Commission and federal decisions prior to the enactment of section 501. Thus, it appears that the court in Rogers recognized that both Federal Trade commission and federal decisions, in addition to specific regulations, can be utilized in determining what is unfair or deceptive in accordance with section
501.204. Nowhere in the Rogers decision does the supreme court state that a specific rule or regulation is needed to interpret an act as unfair or deceptive under
501.204(1)....
...ion and federal decisions predating the enactment which can be interpreted as supporting a finding that Father and Son's practice of providing "low ball" estimates is unfair and deceptive. In addition, in keeping with the holding in Rogers, in 1983, section 501.204(2) was amended to provide: (2) It is the intent of the Legislature that in construing subsection (1), due consideration and great weight shall be given to the interpretation of the Federal Trade Commission and the federal courts relating to s....
...th the Hobson's choice of paying an amount far in excess of what was estimated, or risk not being given their belongings from the moving truck. Due to the apparent similarities between General Transmission and the case at bar, and in accordance with section 501.204(2), great weight should be given to this 1968 Federal Trade Commission interpretation....
...Cir.1977) (an advertisement is considered deceptive if it has the capacity to convey misleading impressions to consumers even though nonmisleading interpretations may be possible). These cases are clearly pertinent to the trial court's determination of whether Father and Son's actions were unfair or deceptive, since section 501.204 does not require there to be a specific federal case or Federal Trade Commission decision prohibiting a particular type of conduct, but rather provides that great weight should be given to their interpretations of what is unfair and deceptive. Therefore, in keeping with section 501.204(2), and as we have determined that a specific rule or regulation is not needed, we reverse and remand for the trial court to evaluate in accordance with the appropriate FTC and federal decisions, whether Father and Son's system of giving "low ball" estimates constitutes an unfair and deceptive practice....
...by rule what specific actions violate the statute or whether the legislature intended that the statute also allow judicial interpretation to expand the coverage of the act. Department of Legal Affairs v. Rogers,
329 So.2d 257 (Fla. 1976), holds that section
501.204 is not unconstitutionally vague because "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or business" has acquired a meaning well settled in federal trade law to which section
501.204(2) directs the decision-maker....
...of Legal Affairs,
326 So.2d 80 (Fla.1st DCA 1976), to support its claim that a specific rule is needed to ascertain what conduct is unfair and deceptive. However, in Lavers, the court did not require a specific rule or regulation, but only ascertainable standards of what is proscribed by
501.204....
CopyCited 4 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 154637, 2011 WL 4639824
...o the exclusively Catholic SMOM. E. Alleged Violation of FDUPTA FDUPTA makes illegal "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce...." Fl. Stat. § 501.204(1)....
CopyCited 4 times | Published | District Court, M.D. Florida | 2013 WL 5291128
...t (“FDUTPA”), §§
501.201 et seq. FDUTPA provides a civil cause of action for “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. §
501.204 ....
CopyCited 4 times | Published | District Court, S.D. Florida
...To establish a traditional FDUTPA violation, plaintiff must show defendants engaged in "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. § 501.204 (1) ; Feheley v....
...s. Hucke ,
160 F.Supp.3d at 1328 . The FDUTPA provides for a civil cause of action for "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. §
501.204 (1)....
CopyCited 4 times | Published | District Court, M.D. Florida | 2013 WL 2039307, 2013 U.S. Dist. LEXIS 69152
...t the consuming public and legitimate • business enterprises from those who engage in unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. § 501.204 (1); see also Delgado v....
...bit [a party] from pursuing a separate FDUTPA claim related to [an] alleged breach of [contract], so long as the act giving rise to the breach also constitutes an alleged unfair or deceptive trade practice.”) (citing PNR,
842 So.2d at 777 n. 2). . Section
501.204(2), Florida Statutes, provides: “It is the intent of the Legislature that, in construing [the FDUTPA], due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to § 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C....
CopyCited 4 times | Published | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 28753, 2016 WL 867116
...eptive and Unfair Trade Practices Act also fails as a matter of law. The FDUTPA is a consumer protection statute proscribing “unfair methods of competition, unconscionable acts or practices, and unfair or deceptive trade or commerce.” Fla. Stat. § 501.204 (1); see also Taft v....
CopyCited 4 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 10559, 2008 WL 413962
...Accordingly, the court will deny defendant Lighthouse Point's motion for summary judgment and grant plaintiffs motion for summary judgment. c. Florida Deceptive and Unfair Trade Practices Act Florida law prohibits "unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. § 501.204(1)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1988 WL 128252
...on between the multiple claims was shown. Appellee Bilgin d/b/a B & B Movers, plaintiff below, filed a complaint against appellant Smith d/b/a Jalen Truck Service, defendant below, alleging fraud, deceptive and unfair trade practices in violation of section 501.204, Florida Statutes, breach of contract, and breach of warranty....
...Chapter 500 [sic], Consumer Protection, Florida Statutes." The court granted the motions, allowing appellee to file an amended complaint. Appellee filed an amended complaint, again alleging fraud, unfair and deceptive trade practices in violation of section 501.204(1), (2) and 15 U.S.C....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit
...§ 1691 ; the Fair Housing Act, 42 U.S.C. § 3605 ; the Troubled Asset Relief Program (TARP), 12 U.S.C. §§ .5211-5241; the Home Affordable Modification Program (HAMP), 12 U.S.C. § 5219a; and Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.204 ....
...s fail. D The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) prohibits “[u]n-fair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. § 501.204 (1)....
CopyCited 4 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 111701, 2015 WL 5021726
...Actual damages in this case are the corrective advertising expenses PODS will have to incur to recover the diminished value of its brand. FDUPTA prohibits “[u]nfair methods of competition ... and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. § 501.204 (1)....
CopyCited 4 times | Published | Supreme Court of Florida | 1989 WL 33240
...Petitioners advertise and promote the sale of out-of-state and foreign nations' lottery tickets. Because of petitioners' activities in Florida, the attorney general sought an injunction in the circuit court prohibiting their activities. The state alleged violations of sections
849.09 and
501.204(1), Florida Statutes (1985)....
...EHRLICH, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur. NOTES [1] Art. I, § 8, U.S. Const. (The Congress shall have power ... To regulate commerce with foreign nations, and among the several States ..."). [2] Accordingly, we do not address any issue arising from section 501.204(1), Florida Statutes.
CopyCited 3 times | Published | District Court, M.D. Florida
...the Shingles on its website and other online and promotional sources. FDUTPA prohibits "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. § 501.204 (1)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 WL 593912
...usiness. It also assessed two civil penalties, totalling $20,000.00 for two separate actions which involved unfair and deceptive trade practices, pursuant to section
501.2075 (a civil penalty of $10,000.00 for each violation) for willfully violating section
501.204 by engaging in unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce....
...eposit put up as collateral for operation of the business as a registered seller of travel pursuant to section
559.929, and a Jeep Cherokee. It also ruled that the assessment of two $10,000 civil penalties for two incidents of Sobieck's violation of section
501.204 (commission of unfair or deceptive acts or practices in the conduct of trade or commerce), presumably based on Sobieck's failure to follow section
559.927 in reselling tickets as a registered seller of travel, constituted a form of criminal punishment....
CopyCited 3 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 20711, 2004 WL 2203769
...More particularly, Mr. Tuckish alleges that the dealership has engaged in unfair methods of competition, unconscionable acts or practices, and unfair and deceptive acts or practices in the conduct of trade or commerce in violation of Florida Statutes § 501.204(1)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2163
...ich was excluded from collision coverage. Weiss then sued ICP and its adjuster, American International Adjustment Company, to recover under the policy, for fraud and deceit, and for alleged violations of the Deceptive and Unfair Trade Practices Act, § 501.204(1), et seq., Fla....
CopyCited 3 times | Published | District Court of Appeal of Florida
3203, tortious interference, and violation of section
501.204(1) against General RV. Lazydays' claims
CopyCited 3 times | Published | District Court, S.D. Florida
...Accordingly, for this reason and those below, the Court declines to certify the proposed classes. *1277 B. The FDUTPA Claim FDUTPA outlaws "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. § 501.204(1)....
...To establish an actionable violation of the FDUTPA, a plaintiff must demonstrate a deceptive act or unfair practice, causation, and actual damages. City First Mortgage Corp. v. Barton,
988 So.2d 82, 86 (Fla. 4th DCA 2008). The legislature mandated that in construing §
501.204(1), courts should give "due consideration and great weight" to the "interpretations of the Federal Trade Commission and the federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2006." Fla. Stat. §
501.204(2)....
CopyCited 3 times | Published | District Court, S.D. Florida | 2002 WL 1291995
...Thus, dilution is inapplicable and Merisant's motion for summary judgment to Count VII is DENIED. 3. COUNT VIIIUNFAIR TRADE PRACTICE UNDER THE FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT In Count VIII, Merisant alleges that, in violation of the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat. § 501.204....
CopyCited 3 times | Published | District Court, M.D. Florida
...ummary judgment on Diamond's trade libel claim. 4. Count IV: FDUTPA Finally, the Court addresses Diamond's FDUTPA claim. FDUTPA declares unlawful "unfair or deceptive acts or practices" committed "in the conduct of any trade or commerce." Fla. Stat. § 501.204 (1)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 9115, 2010 WL 2543573
...Cedar,
423 So.2d 1015, 1017 (Fla. 4th DCA 1982). Accordingly, the order dismissing the breach of contract claim against Emory must be reversed. Finally, as to the FDUTPA claim, appellant established a prima facie claim that should be allowed to proceed. A claim for damages under section
501.204(1) has three elements: "(1) a deceptive act or unfair practice; (2) causation; and (3) actual damages." Rollins, Inc....
CopyCited 3 times | Published | District Court, S.D. Florida | 81 U.C.C. Rep. Serv. 2d (West) 189, 2013 WL 3830124, 2013 U.S. Dist. LEXIS 105830
...62, ¶¶ 53-62.) The Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) states, “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.” Fla. Stat. § 501.204 (1)....
CopyCited 3 times | Published | District Court, S.D. Florida | 86 Fed. R. Serv. 3d 20, 2013 U.S. Dist. LEXIS 100605
...Plaintiff responds that a non-consumer legitimate business enterprise may state a claim for violation of the FDUTPA. The FDUTPA prohibits “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commeree[.]” Id. § 501.204(1)....
CopyCited 3 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 114973, 2009 WL 4715853
...l Defendants; Count DC, Common Law Unfair Competition by all Defendants; Count X, Florida Dilution under Florida Statute §
495.151 by all Defendants; Count XI, violation of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. §
501.204(1); and Count XII, Florida Statutory False Advertising, Fla....
CopyCited 3 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 116720, 2009 WL 4825097
...e, "consideration and great weight shall be given to the interpretations of the Federal Trade Commission and federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act. . . ." In re Edgewater By the Bay,
419 B.R. at 515-16; Fla. Stat. §
501.204(2)....
CopyCited 3 times | Published | District Court, N.D. Florida | 2010 U.S. Dist. LEXIS 79585, 2010 WL 3119793
...ida's Deceptive and Unfair Trade Practices Act ("FDUTPA"), which declares unlawful any "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. § 501.204....
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 487, 2010 Bankr. LEXIS 1446, 53 Bankr. Ct. Dec. (CRR) 66
...violations of Florida's Civil RICO Law, Fla. Stat. § 772.201, et seq.; (2) intentional interference with contractual and economic relations; (3) defamation, per se; (4) violations of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.204; and (5) civil conspiracy....
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
..., "due consideration *516 and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2006." Fla. Stat. § 501.204(2); Samuels v....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1994 WL 622982
...Unfair Competition, False Designation & Dilution Dynascan also presents an allegation of false designation of origin under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125 (a), state law causes of action for dilution, pursuant to Fla.Stat. §
495.151, and unfair and deceptive trade practices, pursuant to Fla.Stat. §
501.204(1), and a common law cause of action for unfair competition....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...App.2d 261, 245 N.E.2d 263 (1969); 54 Am.Jur.2d Monopolies, etc. § 452 (1971); and Annot., 9 A.L.R. 1456, § IIa at 1463 (1920). Streetman also contends that paragraph 15 violates the Federal Trade Commission Act, 15 U.S.C. section 45(a)(1), and the Florida Deceptive and Unfair Trade Practices Act, section 501.204, Florida Statutes (1979)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 18434, 2002 WL 1292003
...e F. Garcia defendants as to Count VII. Finally, summary judgment is granted in favor of the G. Garcia defendants as to Count VIII because Merisant lacks standing to bring a claim under the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat. § 501.204....
CopyCited 2 times | Published | District Court, M.D. Florida | 51 U.S.P.Q. 2d (BNA) 1261, 1999 U.S. Dist. LEXIS 14303, 1999 WL 592640
...Florida Deceptive and Unfair Trade Practices Act The Florida Deceptive and Unfair Trade Practices Act provides in relevant part: *1243 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. § 501.204(1), Fla....
CopyCited 2 times | Published | District Court, M.D. Florida
...n of his or her or another person’s go'ods, services, or commercial activities.” In Counts II and IV, Plaintiff. brings state-law claims for unfair competition pursuant to Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.204 (1), which prohibits “unfair methods of competition, unconscionable acts or practices, and unr fair or deceptive acts or practices in the conduct of any trade or commerce.” In the instant motion to dismiss, Warner argues that the chall...
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
...In Davis, Judge Padavano recognized that the Florida Deceptive and Unfair Trade Practices Act provides a cause of action "against a party who has engaged in `unfair or deceptive acts or practices in the conduct of any trade or commerce,' but it does not define the elements of such an action." Id. at 974 (citing § 501.204(1), Fla....
...(1999)). "Instead, the statute provides that the Florida courts must give `due consideration and great weight' to Federal Trade Commission and federal court interpretations of section 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1). See § 501.204(2), Fla....
CopyCited 2 times | Published | District Court, S.D. Florida
...d vegetables-amounts to a deceptive trade practice under the Act. The Act prohibits "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce ..." Fla. Stat. § 501.204 (1)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 48922, 2008 WL 2474657
...as violated the FDUTPA. Defendant argues that Plaintiff has failed to allege facts sufficient to state a claim under the FDUPA. FDUTPA proscribes any unfair or deceptive acts or practices committed in the conduct of any trade or commerce. Fla. Stat. § 501.204(1)....
CopyCited 2 times | Published | District Court, M.D. Florida
...t to section .494.00255, as these penalties are imposed only by, the state administrative agency. §
494.00255(2)(e)-(f). Instead, Owens-Benniefield may seek damages pursuant to section
494.0019(1). J. FDUPTA ■ Count 10 alleges Nationstar violated section
501.204, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2013 WL 3367637, 2013 Fla. App. LEXIS 10767
...duct of any trade or commerce.” §
501.202(2), Fla. Stat. (2010). The act declares unlawful “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” §
501.204(1), Fla....
...Check Investors, Inc.,
502 F.3d 159, 166-67 (3d Cir.2007) and Trans World Accounts, Inc. v. F.T. C.,
594 F.2d 212, 214 (9th Cir.1979), those cases involve the demand for payment, not the securing of a right to be paid, and should not be applied to the facts of the case at hand. We note that while subsection
501.204(2) directs that subsection
501.204(1) should be interpreted consistently with the federal interpretations of 15 U.S.C....
CopyCited 2 times | Published | District Court, S.D. Florida | 37 Media L. Rep. (BNA) 1420, 2008 U.S. Dist. LEXIS 108492, 2008 WL 5971233
...'s forums are not "trade" or "commerce" under FDUTPA. Pursuant to FDUTPA, "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce" are unlawful. Fla. Stat. § 501.204(1) (2008) (emphasis added)....
...tices, 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 | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 20565, 2014 WL 7184294
...required, permitted or condoned by state or federal law. The FDUTPA declares unlawful “[u]n-fair methods of competition, unconscionable acts or practices, and unfair or decep *412 tive acts or practices in the conduct of any trade or commerce.” § 501.204(1), Fla....
CopyCited 2 times | Published | District Court, M.D. Florida
...The Court must deny all relief sought by Basic and all relief sought by Spiral Direct 32 with the exception of cancelling Basic's registration of the Basic Mark. *1376 C. Spiral Direct's FDUTPA Claim Finally, Spiral Direct asserts a single claim under FDUTPA, Fla. Stat. § 501.204 (1), based on Basic obtaining its registration of the Basic Mark through fraud on the USPTO....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 3165633
...LaROSE, Judge. United Vacation Network, Inc. (United), appeals the trial court's nonfinal order denying its motion to compel arbitration of Ali Tahiri's and Mahtab Bolouri's claims of fraud and violations of the Florida Deceptive and Unfair Trade Practices Act, section 501.204, Florida Statutes (2005)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 178151, 2015 WL 10857398
...mote that policy. Fla. Stat. §
501.202 and (2). The FDUT-PA declares unlawful any “[ujnfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce:” Fla. Stat. §
501.204 (1)....
...at 220-221 ,
99 S.Ct. 1067 ). 2. “Trade or Commerce” The FDUTPA declares unlawful any “[ujnfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. §
501.204 (1) (emphasis supplied)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 106634, 2015 WL 4761647
...Accordingly, this claim is dismissed. 5. FDUTPA FDUTPA provides that “[u]nfair 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.” Fla. Stat. § 501.204 (1)....
CopyCited 2 times | Published | District Court, S.D. Florida
...¶ 13 (alteration added) (quoting Fla. Stat. §
509.214 ) ). The FDUTPA makes it unlawful to engage in unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce. ( See id. ¶ 14 (quoting Fla. Stat. §
501.204 (1) ) )....
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. §§ 41 et seq.” Fla. Stat. §
501.204 states that “
[u]nfair 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.”...
CopyCited 1 times | Published | District Court, M.D. Florida | 1999 U.S. Dist. LEXIS 15271, 1999 WL 782490
...with MRG & L for creative design, mail, and printing products and services ... In response to Plaintiffs Complaint, MRG & L filed a counterclaim against Plaintiff. Count III of Defendant’s Counterclaim alleges violations of Florida Statute 501.204(1), also referred to as the Florida Unfair Competition and Deceptive Trade Practices Act....
CopyCited 1 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 130147, 2012 WL 3893772
...DISCUSSION FDUTPA is a Florida consumer protection statute designed to protect from unfair trade practices. See §
501.202, Fla. Stat. It creates a cause of action for “unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Id. §
501.204(1)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 82598, 2009 WL 2913505
...practices." ( Id. at ¶¶ 144-45.) The FDUTPA provides for a civil cause of action for "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce," FLA. STAT. § 501.204(1)....
CopyCited 1 times | Published | District Court, S.D. Florida
...agreement did not allow for the specific collection charge assessed, Defendants are entitled to judgment as a matter of law on Plaintiffs FCCPA claims. C. Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. §§
501.203 (3),
501.204(1) The FDUTPA prohibits “[ujnfair methods of competition, unconscionable acts or practices, and unfair or deceptive ácts or practices in the conduct of any trade or commerce .... ” Fla. Stat. §
501.204 (1)....
CopyCited 1 times | Published | District Court, M.D. Florida
...some day, a beleaguered Eleventh Circuit law clerk, the finish line's in sight. The Court turns now to Westgate's FDUTPA claim. FDUTPA prohibits "unfair or deceptive acts or practices" committed "in the conduct of any trade or commerce." Fla. Stat. § 501.204 (1)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 59979, 2007 WL 2296739
...The Hidalgo Mark has never been assigned or licensed to the Defendants. In November 2002, Kugel placed a courtesy order with Hidalgo. In September 2003, Hidalgo filed a lawsuit against Ms. Kugel in Miami-Dade County Circuit Court, seeking a declaratory judgment and an injunction under Fla. Stat. 501.204....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 6624, 2004 WL 1057794
...The Florida Deceptive and Unfair Trade Practices Act (FDUTPA), sections
501.201-.213, Florida Statutes (2002), provides a civil cause of action for “[ujnfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” §
501.204(1), Fla....
CopyCited 1 times | Published | District Court, M.D. Florida
...The second is based on Defendant’s alleged violations of sections
560.204 and
817.41, Florida Statutes, (Count V). FDUTPA makes illegal “[ujnfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. §
501.204 (1)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 45613, 2012 WL 1103279
...ida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.200 et seq. (2006). 1 (Am. Compl. ¶ 26, DE #10). FDUTPA declares unlawful “unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. § 501.204 (1)....
CopyCited 1 times | Published | District Court, M.D. Florida
...Accordingly, the Court rejects this argument. C. Count II-FDUTPA FDUTPA creates a private right of action for "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. § 501.204 ....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1791705
...WHATLEY, J., Concurs in part and dissents in part with opinion. WHATLEY, Judge, Concurring in part and dissenting in part. I agree that class certification was improper as to counts II through VI, but I would affirm the certification of a class as to count I, the FDUTPA claim. Section 501.204(1), provides as follows: "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." Although the FDUTPA does not d...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1506266
...es from those who engage in unfair methods of competition, ... in the conduct of any trade or commerce." §
501.202(2), Fla. Stat. (2004). The statute provides that any unfair methods of competition or other deceptive practices or acts are unlawful. §
501.204(1)....
...*742 Airflo claims that Appellees engaged in unfair methods of competition and thus violated the Act when they formed the competing business knowing that Airflo was the owner of the King-Air name. Appellees respond that claims of unfair or deceptive practice, as defined by section 501.204, are limited to consumer transactions and that, accordingly, any competitive acts that they committed did not violate the Act....
CopyCited 1 times | Published | District Court, S.D. Florida | 2014 WL 222332, 2014 U.S. Dist. LEXIS 7192
...then click "Inquire by Entity Name” pull-down tab; then search "Vilanco Industries LLC”; then click on "Vilanco Industries LLC” for details). . http://www.sunbiz.org. . 15 U.S.C. §§ 1114 (1), 1125(a) (2012). . 15 U.S.C. § 1125 (d) (2012). . § 501.204, Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 15443
...seq.; trademark violation for domain name misuse; federal unfair competition under 15 U.S.C. § 1125; tortious interference with business relationships and prospective advantages business relationships between TracFone and its manufacturers; unfair competition and false advertising under § 501.204, Fla....
...as a violation of the Digital Millennium Copyright Act ("DMCA"), as amended, 15 U.S.C. § 1051, et. seq.; trademark violation for domain name misuse; federal unfair competition under 15 U.S.C. § 1125; unfair competition and false advertising under § 501.204, Fla....
CopyCited 1 times | Published | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 21132, 2016 WL 695596
...43(a) of the Lanham Act, 15 U.S.C. § 1125 (a) (Counts I, IV, and VI); unfair competition under both federal and state law (Counts II, III, and VIII); and a violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.204 (Count VII)....
...§ 1114 (a), and Florida common law (Counterclaims I and III, respectively); false designation of origin and unfair competition under § 43(a) of the Lanham Act, 15 U.S.C. § 1125 (a), and Florida common law (Counterclaims II and IV, respectively); and a violation of FDUTPA, Fla. Stat. § 501.204 (Counterclaim V)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2008 U.S. Dist. LEXIS 12863, 2008 WL 508156
...d the Agreement by overcharging them in the purchase of used textbooks and underpaying in the buyback of used textbooks. 4 Doc. No. 1 ¶¶ 51-60, 67-76. They further allege that Follett engaged in unfair and deceptive trade practices in violation of section 501.204, Florida Statutes (FDUTPA) by charging more for the sale of used textbooks and paying less for the buyback of used textbooks than permitted by the Agreement....
CopyCited 1 times | Published | District Court, S.D. Florida | 2012 WL 6045926, 2012 U.S. Dist. LEXIS 172480
...ion, (5) violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962 , (6) conspiracy to violate RICO, and (7) violation of the *1337 Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. 501.204....
...Thus, the Court will grant Royal’s motion to dismiss claim four because Plaintiff has failed to plead justifiable reliance. 16 *1350 II. Claim Seven: Florida Deceptive & Unfair Trade Practices Act A claim under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.204 (1), requires a plaintiff to show “1) a deceptive act or unfair practice; 2) causation; and 3) actual damages.” KC Leisure, Inc....
CopyCited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 102690, 2008 WL 5334119
...ure of its non-trade-secret confidential information. *1193 341. FDUTPA makes unlawful "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. § 501.204(1)(2008)....
...m to potential material suppliers. TAG instructed Mr. Gadonniex to review and disclose confidential Sensormatic information and documents. TAG's actions therefore constitute unfair and deceptive practices within the meaning of FDUTPA. See Fla. Stat. § 501.204(1) (deceptive and unfair trade practices include "[u]nfair methods of competition")....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 19092, 2010 WL 5093174
...[[Image here]] As a direct and proximate result of the above-described acts defendant Belle Glade Chevrolet has engaged in the unlawful method of competition, unconscionable acts or practices and unfair or deceptive acts or practices in the conduct of trade or commerce, in violation of Florida Statute Section 501.204(1); and As a direct and proximate result of the violation of the Florida Deceptive & Unfair Trade Practices Act plaintiff Benjamin Figgie has been damaged....
CopyCited 1 times | Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 25534, 2004 WL 2853085
...C (collectively, "Defendants") for alleged trade dress infringement and dilution in contravention of the Lanham Act, 15 U.S.C. § 1125(a); common-law unfair competition; and violation of Florida's Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.204....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
Unfair Trade Practices Act ("FDUTPA"),1 Fla. Stat. §
501.204, against Time Warner based on the way Time Warner
CopyCited 1 times | Published | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 19825, 2003 WL 21995191
...This alleged failure to provide Spanish-language material in either the Buyer's Guide or window sticker, when the sale was made in Spanish, is a violation of federal law and thus of FDUPTA. 16 C.F.R. § 455.5 ("if you conduct a sale in Spanish, the window form required ... must be in that language"); Fla. Stat. Ann. § 501.204(2) ("due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the [FTC] Act.")....
CopyCited 1 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 175602, 2015 WL 9915879
...Google Inc.,
991 F.Supp.2d 1219, 1220 (S.D.Fla.2013) aff’d, 582 Fed.Appx. 801 (11th Cir.2014); Doe v. Am. Online, Inc.,
783 So.2d 1010, 1018 (Fla.2001) (holding that Section 230 preempts Florida law). . Roca cited the foregoing sections of FDUTPA; section
501.204(l)(it is unlawful for any party to engage in unfair or deceptive acts or practices in the conduct of any trade or commerce); section 501.21 l(l)("anyone aggrieved by a violation” of the FDUTPA may bring a claim under FDUTPA to enjoi...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2004 WL 1773513
...he Magnuson-Moss Warranty Act against Leisure Tyme, Newmar and Commonwealth Bank (count II); violation of statutory warranty under section
320.835, Florida Statutes (1997) against Leisure Tyme, Newmar and Commonwealth Bank (count III); violations of section
501.204, Florida Statutes (1997), the Florida Deceptive and Unfair Trade Practices Act, against Leisure Tyme and Commonwealth Bank (count IV); fraud and concealment against Leisure Tyme, Newmar and Commonwealth Bank (count V); and revocation of acceptance against Leisure Tyme, Newmar and Commonwealth Bank (count VI)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 49742, 2015 WL 1611310
...The Court finds that the Adams’s Social Engineering Scheme constitutes federal trademark infringement under 15 U.S.C. § 1114 ; federal unfair competition under 15 U.S.C. § 1125 (a); tortious interference with contract; unjust enrichment; common law fraud; conversion; unfair competition and false advertising under the § 501.204, Florida Statutes; unauthorized access to a protected computer under 18 U.S.C....
CopyCited 1 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 37717, 2010 WL 1510848
...The economic loss rule, therefore, does not bar Plaintiff's conspiracy to deprive a broker of a commission. Consequently, the Court will not dismiss Count III. E. FDUTPA Plaintiff alleges that Defendant has engaged in unfair acts and deceptive practices in violation of section 501.204(1), Florida Statutes (i.e, FDUTPA). FDUTPA prohibits "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. § 501.204(1)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...And, they allege that Harborage violated 15 U.S.C. §
1703(a)(2) by making material misrepresentations in the Site Plan.
Gentry-Hunt and the Stones also allege several state law claims against
Harborage. Both Gentry-Hunt and the Stones allege that Harborage violated Fla. Stat.
§ 501.204(1) by making false representations in the Site Plan....
...The court also granted summary judgment in favor of
the Stones under §
718.506 even though the Stones never asserted such a claim in
their complaint.
3. ILSFDA, 15 U.S.C. § 1703(a)(2) and the Florida Deceptive and Unfair
Trade Practices Act, Fla. Stat. §
501.204(1)
The court granted summary judgment to Plaintiffs on their claims asserted
under the ILSFDA anti-fraud provision, 15 U.S.C. § 1703(a)(2), and their claim
asserted under Fla. Stat. §
501.204(1)....
...rt
erred in granting summary judgment to Plaintiffs on their claims asserted under Fla.
Stat. §
718.506; (3) whether the court erred in granting summary judgment to
Plaintiffs on their claims asserted under 15 U.S.C. § 1703(a)(2) and Fla. Stat. §
501.204(1), which Plaintiffs did not assert in their motion for summary judgment; and
(4) whether the court erred in awarding Plaintiffs a refund of their deposits and
attorneys’ fees as damages under 15 U.S.C....
...summary judgment to the Stones under §
718.506. We affirm the grant of summary
judgment to Gentry-Hunt on the §
718.506 claim.
C. Violation of the ILSFDA’s Anti-Fraud Provision and the Florida Deceptive
and Unfair Trade Practices Act, Fla. Stat. §
501.204(1)
Harborage argues that the district court erred in granting summary judgment
to Plaintiffs on their claim asserted under the ILSFDA anti-fraud provision, 15 U.S.C.
§1703(a)(2), and their claim asserted under Fla. Stat. §
501.204(1). Plaintiffs concede
that they did not seek summary judgment under the ILSFDA’s anti-fraud provision
or §
501.204(1)....
...In this case, the court entered judgment on
claims not identified by Plaintiffs in their Rule 56 motion and without advance notice.
This was error. Consequently, we vacate the district court’s grant of summary
judgment to Gentry-Hunt and the Stones on their ILSFDA fraud claims and §
501.204(1) claims.
D....
...We vacate the judgment in favor of the
Stones on the §
718.506 claim.
We vacate the grant of summary judgment in favor of Plaintiffs on the claim
that Harborage violated the anti-fraud provision of the ILSFDA, 15 U.S.C. §
1703(a)(2), and the claim asserted under Fla. Stat. §
501.204(1).
AFFIRMED IN PART AND VACATED IN PART.
28
CopyPublished | Florida 1st District Court of Appeal
...ed
by a regulator, but that the fees in fact are retained by Waste Pro.
FDUTPA prohibits “[u]nfair methods of competition,
unconscionable acts or practices, and unfair or deceptive acts or
practices in the conduct of any trade or commerce.” § 501.204(1),
Fla....
CopyPublished | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 22342, 2005 WL 2541195
...) of OSI's civil action brought in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County. Case Number 05-CA-3868 alleging (i) violations of trade secrets under Florida Statutes Chapter 688; (ii) unfair competition in violation of § 501.204, Florida Statutes: (iii) breach of non-disclosure agreement; (iv) breach of confidentiality agreement against Unitech and (v) unjust enrichment....
...§§ 2.201-270 governs the contracting process, addresses the use of source codes. and mandates the use of source codes that are available to everyone, i.e., open source codes. During oral argument. Defendants also argued that this case presents a significant conflict between 48 C.F.R. §§ 2.201-270 and § 501.204 and Chapter 688, Florida Statutes, because Title 48 of the C.F.R....
CopyPublished | District Court, S.D. Florida
..., Porsche N.A., as discussed further below. 1. Statute/Legal Standard FDUTPA prohibits "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. § 501.204 (1)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...in finding that he failed to state a claim under FDUTPA. Under
FDUTPA, “[u]nfair methods of competition, unconscionable acts
or practices, and unfair or deceptive acts or practices in the conduct
of any trade or commerce are . . . unlawful.” Fla. Stat. §
501.204.
Florida Statute §
501.211 permits an individual aggrieved by a
FDUTPA violation to bring a private action to obtain a declaratory
judgment that an act or practice violates FDUTPA....
CopyPublished | Court of Appeals for the Eleventh Circuit
...k infringement under the
Lanham Act § 32; (2) unfair competition under the Lanham Act
§ 43(a); (3) trademark infringement under Florida Statute
§
495.131; (4) violation of the Florida Deceptive and Unfair Trade
Practices Act under Florida Statute §
501.204; (5) trademark
dilution under Florida Statute §
495.151; (6) Florida common-law
trademark infringement; (7) Florida common-law unfair
competition; and (8) Florida common-law unjust enrichment.
C....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...S., better known as the "Little FTC Act." Assuming that The Florida Bar is a "person" as defined in s.
1.01 (3), F. S., The Florida Bar may file suits pursuant to Ch. 501 without additional legislation. Your question is answered in the affirmative for the reasons set forth below. Section
501.204 , F....
...the Federal Trade Commission. The Department of Legal Affairs is the principal enforcer and administrator of this act, but state attorneys and consumers, through private actions, also have enforcement powers. Sections
501.203 (4) and
501.211 , F. S. Section
501.204 , the unlawful acts and practices provision, does not limit its provisions to "consumer transactions." Section
501.204 (1) declares unlawful "unfair or deceptive acts or practices in the conduct of any trade or commerce." A person who markets prepaid legal service plans is engaging in commerce, as is a person who exchanges legal services for money....
CopyPublished | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 117098, 2010 WL 4282106
...In Davis , Judge Padavano recognized that the Florida Deceptive and Unfair Trade Practices Act provides a cause of action “against a party who has engaged in ‘unfair or deceptive acts or practices in the conduct of any trade or commerce,’ but it does not define the elements of such an action.” Id. at 974 (citing § 501.204(1), Fla....
...“Instead, the statute provides that the Florida courts must give ‘due consideration and great weight’ to Federal Trade Commission and federal court interpretations of section 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C § 45(a)(1). See § 501.204(2), Fla....
CopyPublished | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 60335
...Accordingly, for this reason and those below, the Court declines to certify the proposed classes. *1277 B. The FDUTPA Claim FDUTPA outlaws “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. § 501.204 (1)....
...To establish an actionable violation of the FDUTPA, a plaintiff must demonstrate a deceptive act or unfair practice, causation, and actual damages. City First Mortgage Corp. v. Barton,
988 So.2d 82, 86 (Fla. 4th DCA 2008). The legislature mandated that in construing §
501.204(1), courts should give “due consideration and great weight” to the “interpretations of the Federal Trade Commission and the federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. s. 45 (a)(1) as of July 1, 2006.” Fla. Stat. §
501.204 (2)....
CopyPublished | District Court, M.D. Florida
...§ 45 (a) by engaging in "unfair or deceptive acts or practices in or affecting commerce." The State of Florida joined in the Complaint, alleging that Defendants also violated the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"). See Fla. Stat. § 501.204 ....
CopyPublished | Court of Appeals for the Eleventh Circuit
...The relevant provision of the FDUTPA provides:
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.
Fla. Stat. § 501.204(1) (West 2013).
3
Case: 12-14068 Date Filed: 05/01/2013 Page: 4 of 16
statements of material fact in connection with the sale, in violation of 15 U.S.C....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 1931, 1992 WL 43105
...elow. On June 3, 1991, the Department of Agriculture and Consumer Services, Division of Consumer Services (“division”), sued Mer-tens individually and doing business as GULF, alleging that she engaged in deceptive trade practices in violation of Section 501.204, Florida Statutes (1989), by, inter alia, placing advertisements in the yellow pages and newspapers under the category “loan,” which indicated that persons could obtain “quick cash” if they owned an automobile....
...iled to make the monthly payments or pay the lump-sum price. The division characterized the transactions as usurious, involving interest charges from 200 percent to 1,000 percent, and the operation as a deceptive and unfair practice, in violation of section 501.204....
...Subsection (6) provides that the privilege against self-incrimination may not be asserted “before any court upon any investigation, proceeding, or trial, for any violation of this section.” (Emphasis added.) The administrative complaint at bar only charges Mertens with violating section
501.204, and there is nothing in the record that indicates that Mertens is the target of an investigation under section
687.071, much less that that statute is at issue in this case....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2010 WL 2572395
...as such, or otherwise fails to specify in writing that such information is confidential, has not taken measures or made efforts that are reasonable under the circumstances to maintain the information's secrecy). [222] Compl., p. 89. [223] Fla. Stat. § 501.204(1) (2006)....
CopyPublished | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 16811
..., 15 U.S.C. § 1, to fix the purchase price paid for Defendants' services at artificially low and non-competitive levels. Count III of Defendants' Amended Counterclaim, which has been dismissed from this action, alleged violations of Florida Statute 501.204(1), also referred to as the Florida Unfair Competition and Deceptive Trade Practices Act....
CopyPublished | Florida 4th District Court of Appeal
...card.2
Due to the parking spot’s purportedly improper marking, and because of
Towing Company’s actions in towing her vehicle despite “seeing that the
spot was not marked as [disabled],” Appellant alleged that Towing
Company violated sections
501.204 and
715.07, Florida Statutes (2020)....
...another party in determining
fee entitlement.
2 Appellant also filed suit against the owner of her apartment complex. However,
reference to the action against the apartment complex is not pertinent to our
decision and has therefore been omitted.
3 Section 501.204 is part of FDUTPA and prohibits “[u]nfair methods of
competition, unconscionable acts or practices, and unfair or deceptive acts or
practices in the conduct of any trade or commerce . . . .” § 501.204(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 27824
correct and in accordance with law. Florida Statute §
501.204 (1973) and Rule 2-11-07, Florida Administrative
CopyPublished | Florida 3rd District Court of Appeal
...3d DCA
2023) (explaining same).
5
FDUTPA prohibits “[u]nfair methods of competition, unconscionable
acts or practices, and unfair or deceptive acts or practices in the conduct of
any trade or commerce.” § 501.204(1), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 16, 2022
...A.
Florida’s analogous consumer protection statute, the Florida
Deceptive and Unfair Trade Practices Act (the “FDUTPA”) de-
clares a similarly vague set of acts unlawful.6 Fla. Stat. § 501.204(1).
Interestingly, the FDUTPA’s text clearly directs the courts and the
executive branch to give “due consideration and great weight ....
...cuit handed down prior to October 1, 1981.
6 The FDUTPA outlaws “[u]nfair methods of competition, unconscionable
acts or practices, and unfair or deceptive acts or practices in the conduct of any
trade or commerce.” Fla. Stat. § 501.204(1).
USCA11 Case: 22-10575 Document: 65-1 Date Filed: 07/07/2023 Page: 35 of 92
6 TJOFLAT, J., Concurring and Dissenting in Part 22-10575
to the interpretations of the Federal Trade Commission and the
federal courts relating to s. 5(a)(1) of the Federal Trade Commis-
sion Act.” 7 Id. § 501.204(2) (citing 15 U.S.C....
...jurisdiction,” id. §
501.203(2)—may also pursue civil penalties prior to a final
cease and desist order if the defendant “is willfully using, or has willfully used,
a method, act, or practice declared unlawful under [Fla. Stat. §
501.204], or
who is willfully violating any of the rules of the department adopted under
this part.” Id....
...The latter option
21The FDUTPA goes one step further. By requiring “due consideration and
great weight . . . to the interpretations of the Federal Trade Commission and
the federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act,”
Fla. Stat. § 501.204(1), the FDUTPA also allows FTC decisions to guide the
definition of prohibited conduct.
USCA11 Case: 22-10575 Document: 65-1 Date Filed: 07/07/2023 Page: 45 of 92
16 TJOFLAT, J., Concur...
...ute by giving “‘due consideration and great weight’ to Federal
Trade Commission and federal court interpretations of section
5(a)(1) of the Federal Trade Commission Act.” Davis,
776 So. 2d at
974 (quoting Fla. Stat. §
501.204(2))....
CopyPublished | District Court, M.D. Florida
...eement and [incentivized] its employees ... to make knowing material misrepresentations to borrowers." (Doc. 41, ¶ 98.) FDUTPA declares unlawful "unfair or deceptive acts or practices" committed "in the conduct of any trade or commerce." Fla. Stat. § 501.204 (1)....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 11236, 2004 WL 1672443
...total payments would be almost $25,000, he attempted to return the car to no avail. Obtaining the signature of a customer on a contract which does not accurately reflect the agreement between the parties could constitute a deceptive trade practice, § 501.204, Fla....
CopyPublished | District Court, S.D. Florida
...Thus, Dollar's arguments seeking dismissal of the implied covenant claim, at this stage of the proceedings, are unavailing. C. Violations of the FDUTPA The FDUTPA prohibits "unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. § 501.204 (1)....
CopyPublished | Florida 5th District Court of Appeal | 1979 Fla. App. LEXIS 14031
administrative complaint, alleging Swebili-us had violated §
501.204, Fla.Stat. (1975) and certain rules of the Department
CopyPublished | District Court, S.D. Florida | 2013 WL 64616, 2013 U.S. Dist. LEXIS 3505
...olation of the FDUPTA. The Court finds that Williams has properly stated a claim under the FDUPTA. The FDUPTA declares unlawful any method of unfair competition, unconscionable acts or practices, and unfair or deceptive acts or practices. Fla. Stat. § 501.204 (1)....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14263
...$50 and more in order to obtain release of a vehicle. Conceiving that the conduct of Lavers and Singley constituted “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce,” proscribed by § 501.204, F.S....
...The effect of the cease and desist order is to trigger civil penalties of up to $5,000 for each violation. Sec.
501.208(8), F.S.1973. The Department, having promulgated no rule which would tend to notify Lavers and Singley that their conduct was proscribed by §
501.204, evidently relies entirely on the Murrell case to carry the day....
...Proof that Lav-ers customarily received $15 of the towing and storage fees collected from the intruders does not, of itself, supply “unfairness” absent a standard. The order under review lacks essential findings based on ascertainable standards of what is proscribed by § 501.204, F.S....
CopyPublished | Florida 3rd District Court of Appeal
...nt below, appeals from the trial
court’s denial of fees and costs after a jury found in her favor. In pertinent
part, Gonzalez claims fees as the prevailing party in an action under the
Florida Deceptive and Unfair Trade Practices Act (FDUTPA), section
501.204, et....
CopyPublished | Court of Appeals for the Eleventh Circuit
...court should pierce the corporate veil. This count is notable because it carries
with it the possibility of treble damages. Fla. Stat. §
68.065(1).7 Count V alleged
a violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”),
Fla. Stat. §
501.204(1)....
CopyPublished | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 2825, 2003 WL 738752
...(2) It is the intent of the Legislature that, in construing subsection (1), due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. s. 45 (a)(1). Fla. Stat. § 501.204 ....
CopyPublished | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 20545, 2015 WL 730039
...at the amounts of those prices are.” FDUTPA provides a civil cause of action for “[ujnfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. § 501.204 (1)....
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
CopyPublished | District Court, S.D. Florida
...14-20484-CIV,
2015 WL 11110557 , at *9 (S.D. Fla. Nov. 4, 2015). Unlawful acts and practices under FDUTPA include "unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. §
501.204 (1)....
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
and Cabinet, adopted by the department. 2 Section
501.204(1), F.S., provides that unfair methods of competition
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Sep 20, 2023
of any trade or commerce.” Fla. Stat. §
501.204(1). A person “who has suffered a loss as
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 13210, 2016 WL 4539659
...s and practices, §
559.920, Fla. Stat. (2015); (4) AutoNation’s violation, of §
559.920, Fla. Stat. (2015); (5) AutoNation Ford’s violation of the Florida Deceptive and Unfair Trade Practices Act’s prohibition of unlawful acts and practices, §
501.204, Fla. Stat. (2015); and (6) AutoNation’s violation of §
501.204, Fla....
CopyPublished | District Court, M.D. Florida
...For the remaining Count 8, CEC explained at the PPTC that it intended to pursue its claim under Florida's Deceptive and Unfair Trade Practices Act (" FDUTPA "). FDUTPA declares unlawful "unfair or deceptive acts or practices" committed "in the conduct of any trade or commerce." Fla. Stat. § 501.204 (1)....
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 12476, 2008 WL 3876007
...aged care enrollees to Health, and instituting dangerous budget cuts which effected patient care. These claims do not set forth a nexus between Hynes and the Participating Group Agreement. Regarding counts VII through XI, Hynes alleged violations of section 501.204(1) of the Florida Statutes, Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) which provides: 501.204. Unlawful acts and practices (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. § 501.204(1), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...notice or warning, and that even once the Plaintiffs noticed the charges and
5
FDUTPA prohibits “[u]nfair methods of competition, unconscionable acts or practices,
and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. §
501.204(1)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jun 4, 2025
...payments. Pop
alleged that failing to disclose the payments violated FDUTPA,
which generally prohibits, as relevant here, “unfair or deceptive
acts or practices in the conduct of any trade or commerce.” Fla.
Stat. § 501.204(1).
The district court dismissed Pop’s complaint for, among
other things, failing to comply with Federal Rule of Civil Procedure
9(b)....
CopyPublished | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 58449, 2012 WL 1229454
...Unfair Trade Practices Act (“FDUTPA”) declares the following actions unlawful: “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. § 501.204 (1)....
...TracFone has established its trademark claims and Technopark’s conduct in the Unlocking Scheme as described above was willful and constitutes unfair methods of competition, unconscionable acts or practices, and/or unfair or deceptive acts or practices in violation of Fla. Stat. § 501.204 ....
CopyPublished | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 44685, 2015 WL 1534446
...¶ 38). ’ The Complaint includes six claims: (1) trademark infringement under 15 U.S.C. § 1114 ; (2)-false designation of origin under 15 U.S.C. § 1125 (a); (3) unfair competition under 15 U.S.C. § 1125 (a); (4) unfair competition under Fla-.- Stat. § 501.204; (5) violations , of the Anticybersquatting Consumer Protection Act, 15 U.S.C....
CopyPublished | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 186637, 2015 WL 12851243
...Plaintiffs allege that Public Storage’s conduct as described above violated FDUTPA, Fla. Stat. §§
501.201 ,
501.211. FDUTPA prohibits “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. §
501.204 (1)....
CopyPublished | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 38721
...likely to mislead consumers or a practice that offends established public policy and is otherwise "immoral, unethical, oppressive, unscrupulous or substantially injurious." Rollins, Inc. v. Butland,
951 So.2d 860, 869 (Fla. 2d DCA 2006); FLA. STAT. §
501.204....
CopyPublished | District Court of Appeal of Florida
in the conduct of any trade or commerce.” Id. §
501.204(1). The terms “trade or commerce” are broadly
