CopyCited 277 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3686484
...501.2105. However, damages, fees, or costs are not 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. § 501.211(2)....
...amage to their homes. Under FDUTPA, damages must be measured by the reduction in value of the agreements caused by the deceptive or unfair acts or practices. See id. ; Orkin Exterminating Co. v. Petsch,
872 So.2d 259 (Fla. 2d DCA 2004) (holding that section
501.211 allows consumers to recover damages for only the diminished value of the services received)....
CopyCited 256 times | Published | Court of Appeals for the Eleventh Circuit | 38 Fed. R. Serv. 2d 576, 1984 U.S. App. LEXIS 26626
...Court for the Northern District of Florida on May 2, 1980, alleging common law fraud and violations of Florida’s Franchises and Distributorships Act, Fla.Stat. §
817.416 (1979) and Florida’s Unfair and Deceptive Trade Practices Act, Fla. Stat. §
501.211 (1) (1979)....
CopyCited 108 times | Published | Florida 3rd District Court of Appeal
...1st DCA 1981). Having upheld the trial court's finding on the FDUTPA violation, we now must determine what damages are allowed by the Act. The Act specifically provides that an "individual may recover actual damages, plus attorney's fees and court costs." § 501.211(2)....
...ts liability in the contract. We now must determine whether an award of punitive damages is allowable pursuant to an FDUTPA violation. The Act specifically provides for the recovery of actual damages, but makes no provision for punitive damages. See § 501.211....
CopyCited 107 times | Published | Florida 1st District Court of Appeal | 24 Fla. L. Weekly Fed. D 2045
...le, deceptive, or unfair acts or practices in the conduct of any trade or commerce." See §
501.202(2), Fla.Stat. (1997). An individual filing suit under the Act can obtain declaratory and injunctive relief in addition to a judgment for damages. See §
501.211, Fla.Stat....
CopyCited 104 times | Published | Florida 1st District Court of Appeal | 2000 WL 1880149
...The plaintiffs alleged that these phones appeared to be the same as Nokia and Motorola models sold in retail outlets, but in fact they contained an embedded chip that rendered them inoperable *973 when used with any other wireless phone service. Raymond Davis and William Eddy, the named plaintiffs, sought damages under section 501.211(2), Florida Statutes, on their own behalf and on behalf of those who had purchased the modified phones....
...This, the plaintiffs argue, was a loss sustained by everyone who purchased the phones, even those who wish to continue to subscribe to Powertel's wireless service. The complaint also sought declaratory and injunctive relief on behalf of a class. These claims were based on the provisions of section 501.211(1), Florida Statutes....
...arm to the named plaintiffs or to the class of existing Powertel customers. However, this argument appears to be at odds with the applicable remedy provision in the Deceptive and Unfair Trade Practices Act, as well as the general purpose of the Act. Section 501.211(1), Florida Statutes is broadly worded to authorize declaratory and injunctive relief even if those remedies might not benefit the individual consumers who filed the suit....
...lleged violation) and that the violation has occurred, is now occurring, or is likely to occur in the future. Nothing in the statute requires proof that the declaratory or injunctive relief would benefit the consumer filing the suit. This reading of section 501.211(1) is consistent with the overall purpose of the Deceptive and Unfair Trade Practices Act....
CopyCited 93 times | Published | Supreme Court of Florida | 2000 WL 44051
...ation 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. Stat. (1991) (emphasis added). [7] Section
501.211, Florida Statutes (1991), provides in relevant part as follows:
501.211 Other individual remedies. . . . . (2) 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 s.
501.2105.... §
501.211, Fla....
CopyCited 75 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 229, 2003 Fla. LEXIS 380, 2003 WL 1088575
...(2002) (providing that the plural includes the singular where the context of the statutory provision allows). Here there were "acts" which allegedly caused harm to a single claimant. The very provisions that outline the parameters for individual remedies under the FDUTPA are triggered by the commission of a single act. See § 501.211(1), Fla. Stat. (2002) ("[A]nyone aggrieved by a violation of this part may bring an action to obtain a declaratory judgment that an act or practice violates this part and to enjoin a person who has violated ... this part.") (emphasis supplied); see also § 501.211(2), Fla....
CopyCited 55 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 22434, 1999 WL 181412
...he Florida Deceptive and Unfair Trade Practices Act ("FDUTPA") and the Florida Sale of Business Opportunities Act ("FSBOA"). FDUTPA offers two types of remedies: equitable relief in the form or declaratory or injunctive relief pursuant to Fla. Stat. 501.211(1) or "actual damages" pursuant to Fla. Stat. 501.211(2)....
CopyCited 46 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1126
...if we did not discuss this issue because of the necessity to remand this case. The act is intended to protect a consumer from unfair or deceptive acts or practices which diminish the value or worth of the goods or services purchased by the consumer. Section 501.211, Florida Statutes (1981), authorizes a consumer to recover actual damages, attorney's fees, and court costs for a violation of the statute....
...e they purchased after receiving and relying on the false termite inspection certificate issued by Helms. The cost of these repairs constitutes special or consequential damages which fall outside the statutory concept of actual damages as defined in section 501.211, Florida Statutes (1981), and Rollins....
CopyCited 39 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2356354
...ther the purchase price of the vehicle reflected the alleged defect at the time it was purchased. Additionally, as a matter of law, the class members cannot recover the full panoply of damages they seek under this count of the class complaint. Under section 501.211 of FDUPTA, see § 501.211(2), Fla....
CopyCited 37 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 6291, 2007 WL 789435
...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. Fla. Stat. Ann. §
501.211(2)....
CopyCited 36 times | Published | Florida 2nd District Court of Appeal | 2004 WL 221065
...We accept Orkin's assertion that nothing in the arbitration clause or the limitation provision prevents Petsch from raising his FDUTPA claim, or any other claims he may have against Orkin, in the arbitration. Nor does the limitation provision affect the remedies available for a violation of FDUTPA. Section
501.211(2) provides that anyone who has suffered a loss because of a violation of FDUTPA "may recover actual damages, plus attorney's fees and court costs." Although Petsch sought special, consequential, and incidental damages in count I, those damages are not available under FDUTPA. See Fort Lauderdale Lincoln Mercury, Inc. v. Corgnati,
715 So.2d 311, 314-15 (Fla. 4th DCA 1998). Section
501.211 permits a consumer to recover only the diminished value of the services received....
...s and costs. Such recovery is permitted under the limitation of liability provision in the contract. As to attorney's fees, both the arbitration clause and limitation provision are silent. Petsch has sought attorney's fees which are authorized under section 501.211(2)....
...f such fees from the circuit court, or the parties may waive their right to have the circuit court decide the issue and agree that the arbitrator may do so. See Moser,
783 So.2d at 233. In count III, Petsch also seeks injunctive relief under FDUTPA. Section
501.211(1) authorizes injunctive relief, even if that relief does not benefit the customer who filed the suit....
CopyCited 34 times | Published | Florida 1st District Court of Appeal | 1996 WL 225715
...fair Trade Practices 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....
...st Act, Chapter 542, Florida Statutes (1993), and under the Florida DTPA. Regarding her Florida DTPA claim, Mack alleges that she and the class members acquired infant formula for family and household purposes and are consumers within 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 DT...
...Under the Florida DTPA a "consumer" is defined to include "an individual," like Mack and her class members. §
501.203(7), Fla. Stat. (1993). A consumer, like Mack, who has suffered a loss as a result of a "violation of this part," may bring an action for damages. §
501.211(2), Fla.Stat....
...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. A fair reading of section
501.211 reveals no intention by the legislature to limit suits for price-fixing to direct purchasers only....
...tate. 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....
...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
...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. As a consequence of the appellee's alleged deception, the appellants claimed their entitlement to damages pursuant to section
501.211, plus attorney's fees and court costs under section
501.2105....
...To effectuate these underlying policy considerations, the legislature conferred on "a consumer who has suffered a loss as a result of a violation" of the FDUTPA the right to bring an "individual action" to "recover actual damages, plus attorney's fees and court costs." § 501.211(2)....
...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....
CopyCited 34 times | Published | Florida 3rd District Court of Appeal | 2000 WL 121896
...The statute creates a private cause of action for consumers: "In any individual action brought by a consumer who has suffered a loss as a result of a violation of this part, such consumer may recover actual damage, plus attorney's fees and court costs...." Id. § 501.211(2)....
CopyCited 30 times | Published | Court of Appeals for the Eleventh Circuit
...ered by the Union. Appellees asserted claims for breach of contract, fraud, and breach of fiduciary duty, as well as statutory claims under the Florida Insurance Code (Fla.Stat. §
626.9541 et seq.) and the Florida Consumer Protection Act (Fla.Stat. §
501.211(a))....
CopyCited 28 times | Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 104, 1987 Fla. App. LEXIS 11753, 1987 WL 3367
...(1985), Florida's Deceptive and Unfair Trade Practices Act, sections
501.201-.213, Florida Statutes (1985) [1] , see Urling v. Helms Exterminators, Inc.,
468 So.2d 451 (Fla. 1st DCA 1985); Rollins, Inc. v. Heller,
454 So.2d 580 (Fla. 3d DCA 1984), review denied,
461 So.2d 114 (Fla. 1985); §
501.211(2), Fla....
CopyCited 27 times | Published | District Court, S.D. Florida | 70 U.C.C. Rep. Serv. 2d (West) 434, 2009 U.S. Dist. LEXIS 91699, 2009 WL 3172771
...ausation; and (3) actual damages." City First Mortgage Corp. v. Barton,
988 So.2d 82, 86 (Fla. 4th DCA 2008) (quoting Rollins, Inc. v. Butland,
951 So.2d 860, 869 (Fla. 2d DCA 2006), review denied,
962 So.2d 335 (Fla.2007)). Specifically, Fla. Stat. §
501.211 provides that the following individuals are entitled to relief: (1) Without regard to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this part may bring an action to obtain a declaratory judgme...
...However, damages, fees, or costs are not 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. Fla. Stat. § 501.211 (emphasis added)....
...01-cv-495-RH,
2002 WL 32107540, *3 (N.D.Fla. Mar. 15, 2002). In other words, a plaintiff that is able to allege that he or she "has suffered a loss" will qualify for relief under both standards. Accordingly, the Court will first determine whether Plaintiff has satisfied Fla. Stat. §
501.211(2)....
...See Collins,
894 So.2d at 990-91 ("[Plaintiff] claims an actual injury in the form of insufficient product value. In other words, she contends that she did not get what she bargained for."). Accordingly, Plaintiffs allegations state a claim under sections one and two of Fla. Stat. §
501.211....
CopyCited 27 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 16811, 2011 WL 3505016
...ed acts. Id. §
501.202(2). The statute
provides a private right of action for any “person who has suffered a loss as a result of a
violation of this part,” permitting recovery of “actual damages, plus attorney’s fees and court
costs,” id. §
501.211(2), as well as allowing for declaratory judgments and injunctions, id. §
501.211(1)....
CopyCited 26 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 85083, 2007 WL 4124351
...n as between purely commercial interests." Beacon Prop. Mgmt., Inc. v. Pnr, Inc.,
890 So.2d 274, 278 (Fla. 4th DCA 2004) (emphasis in original). Moreover, the Florida courts have held that business entities may sue for damages pursuant to Fla. Stat.
501.211(2)....
CopyCited 26 times | Published | District Court, S.D. Florida
...reasonable price of title insurance." [18] The plaintiffs then ask for leave to "plead over" should the Court find that Count 5 is barred by the filed rate doctrine. The reason for the plaintiffs' posture is evident from an examination of Fla. Stat. § 501.211(2), upon which Count 5 is predicated. Section 501.211 provides for the recovery of "actual damages," thereby requiring such a comparison....
CopyCited 26 times | Published | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 8930, 2001 WL 300779
...rce are hereby declared unlawful." Fla. Stat. §
501.204(1). A plaintiff seeking to recover under this statute has two potential remedies available. If the plaintiff is an individual consumer, he or she can assert a claim for damages. See Fla. Stat. §
501.211(2). If the plaintiff is a competitor of the defendant, it may seek declaratory relief. See Fla. Stat. §
501.211(1); see also Big Tomato v....
CopyCited 25 times | Published | District Court, M.D. Florida | 2007 WL 1111254
...oyees, 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. Stat. Section
501.211 provides that any person who has suffered a loss as a result of such practices may commence a private action for actual damages and possibly attorneys' fees and court costs. §
501.211(2), Fla....
...2003). Prior to July 1, 2001, FDUTPA provided that "Mil any individual action brought by *1146 a consumer who has suffered a loss as a result of a violation of this part, such consumer may recover actual damages, plus attorney's fees and court costs." § 501.211(2), Fla....
...with the word "person." The current version of FDUTPA provides that "[i]n any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney's fees and court costs." § 501.211(2), Fla....
..."With the deletion of consumer transaction from FDUTPA, it would seem that such business entity consumers could sue for damages from outlawed acts and practices in ordinary business transactions without regard to whether the claimant was acting in the capacity of consuming goods or services. At least, nothing in section 501.211(2) purports to state otherwise." Beacon Prop....
...After the amendments to the FDUTPA, courts have opined on several occasions that actions under the statute could be sustained absent the failure to allege that FDUTPA violation arose from a "consumer transaction." See, e.g., Gritzke,
2002 WL 32107540 at *4 (§
501.211(2), as amended, merely requires a "person" who "has been damaged by [a] defendant's violation" of the statute); Niles Audio Corp. v. OEM Systems Co., Inc.,
174 F.Supp.2d 1315, 1319-20 (S.D.Fla.2001) (concluding that legislature's replacement of the word "consumer" with the word "person" in §
501.211(2) was intended to make damages remedy available to anyone aggrieved by violation of statute); see also Beacon Property,
890 So.2d at 278 (rejecting the per se argument that a judgment was erroneous "simply because the facts at trial do not involve a consumer transaction")....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit
...Bailey, in response, contended that the
MFA prevents preemption of his action because the PIP statute “regulate[s] the
business of insurance.” 15 U.S.C. § 1012(b).
declaratory judgment that AMC’s conduct “violate[d] this part” and wanted an injunction against
further violations. Fla. Stat. §
501.211(1). Bailey also sought “actual damages, plus attorney’s
fees and court costs” on the ground that he “suffered a loss as a result of a violation of this part.”
Id. §
501.211(2).
8
Florida Statutes §
559.72(9) provides: “In collecting consumer debts, no person shall
....
CopyCited 22 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 28417, 2005 WL 1126660
...The Plaintiff moves to dismiss this claim, arguing that the Defendants lack standing under the statute because they are not "consumers" of Honda and because the applicable version of the statute only permits "consumers" to sue. Prior to its amendment, §
501.211(2) of FDUTPA provided: In any individual action brought by a consumer who has suffered a loss as a result of a violation of this part, such consumer may recover actual damages, plus attorney's fees and court costs as provided in s
501.2105.... [19] Section
501.211(2) was amended effective July 1, 2001, and the class of potential claimants was broadened by the substitution of the word "person" for "consumer." The statute now reads: In any action brought by a person who has suffered a loss as a r...
...of the hearing (Doc. 57) that the Defendants did not abandon their non-trade secret claims and that the Magistrate Judge was referring to the Defendants' representation that the case did not involve patent, trademark, or copyright infringement. [19] § 501.211(2), Fla. Stat. (2000) (emphasis added). [20] § 501.211(2), Fla....
...See also Niles Audio Corp. v. OEM Sys. Co.,
174 F.Supp.2d 1315, 1319-20 (S.D.Fla.2001) (considering the effect of the amendment). [21] Guyana Tel. & Tel. Co., Ltd. v. Melbourne Intern. Comm., Ltd.,
329 F.3d 1241, 1247 (11th Cir.2003) (concluding that the 2001 amendment to §
501.211(2) was not intended to be retroactive)....
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
...e. FDUTPA provides that "[i]n any action brought by a person who has suffered a loss as a result of a violation of this part, such person shall recover actual damages, plus attorney's fees and court costs as provided in Section
501.2105." Fla. Stat. §
501.211(2)....
CopyCited 20 times | Published | District Court, N.D. Florida | 2003 U.S. Dist. LEXIS 11872, 2003 WL 21463643
...ptive acts or practices in the conduct of any trade or commerce." [19] Id. The FDUTPA provides that a person who suffers a loss "as a result of a violation of this part" may bring a civil action and recover actual damages, costs and attorneys' fees. § 501.211, Fla....
CopyCited 20 times | Published | Florida 4th District Court of Appeal
...is
‘immoral, unethical, oppressive, unscrupulous or substantially injurious
to consumers.’” PNR, Inc. v. Beacon Prop. Mgmt., Inc.,
842 So. 2d 773, 777
(Fla. 2003) (quoting Samuels v. King Motor Co. of Fort Lauderdale,
782 So.
2d 489, 499 (Fla. 4th DCA 2001)). Section
501.211(1) allows “anyone
aggrieved by a violation of” FDUTPA to seek declaratory or injunctive relief,
and section
501.211(2) provides that “a person who has suffered a loss as
a result of a [FDUTPA] violation ....
...ence negating
material issue of fact, non-moving party must show the existence of the
issue).
Second, the evidence was undisputed that Arrigo’s sales of cars with
unremediated Takata airbags were not the proximate cause of damages to
Stewart. Section 501.211(2), Florida Statutes (emphasis added), provides
that, “In any action brought by a person who has suffered a loss as a result
of a violation of this part, such person may recover actual damages ....
...the court correctly entered
summary judgment on its claim for actual damages.
The court also properly granted summary judgment on Stewart’s claims
for a declaratory judgment and injunctive relief as to the unfair and
deceptive trade practices. Section 501.211(1), Florida Statutes (emphasis
added), provides:
Without regard to any other remedy or relief to which a person
is entitled, anyone aggrieved by a violation of this part may
bring an action to obtain a declaratory j...
...(Of a person) angry or sad on grounds of perceived unfair
treatment.” Id. at 172. It adopted the second definition, because it
concluded that the first definition was “synonymous with damaged or
suffered a loss,” which would have been the same as those persons who
could recover under section 501.211(2)....
...the First District does not apply to corporations. Instead, if we are to use
Black’s Law Dictionary definitions, the first definition would apply.
The requirement for an entity to show an invasion of legal rights to seek
equitable relief under section 501.211(1) is not synonymous with the
requirement to show entitlement to actual damages under section
501.211(2), because entities frequently do not suffer actual damages from
unfair and deceptive practices of competitors. Instead, their damages are
frequently special or consequential damages, and thus, not compensable
under section 501.211(2)....
...To obtain a declaratory judgment or injunction, an entity must show
that it is “aggrieved by a violation” of FDUTPA. We held in Caribbean
Cruise Line that although a claimant does not have to be a consumer to
state a claim for actual damages under section
501.211(2), to satisfy all of
the elements of a FDUTPA claim, it must show that a consumer was
injured or suffered a detriment. Caribbean Cruise Line,
169 So. 3d at 169.
Similarly, here, under section
501.211(1), an entity may bring an equitable
claim under FDUTPA, but only if it presents evidence of the required
elements....
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
...orida Deceptive Trade Practices Act. The Act is intended to protect consumers from unfair or deceptive acts or practices which diminish the value or worth of the goods or services purchased by the consumer. Urling, supra at 454. This Act provides at § 501.211(1), Fla.Stat....
...n who has violated, is violating, or is otherwise likely to violate this part. Actual damages, attorney's fees and costs are also provided for consumers who bring individual actions to recover losses resulting from violations of the Florida Act. See § 501.211(2), Fla.Stat....
...ain passages in texts. Ms. Longley is enjoined from directing her customers to any source except the bankruptcy code, the law library or an attorney. 8. Jacksonville Area Legal Aid, Inc. is entitled to recover attorney's fees and costs pursuant to §§
501.211,
501.2105, Fla.Stat....
CopyCited 19 times | Published | Florida 4th District Court of Appeal | 1998 WL 405915
...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. Stat. (1993); see also Urling v. Helms Exterminators, Inc.,
468 So.2d 451 (Fla. 1st DCA 1985). Section
501.211(2), Florida Statutes (1993) provides *314 for the following measure of damages when an individual action has been brought as a result of a violation of the Act: In any individual action brought by a consumer who has suffered a loss as...
...repainted, Corgnati failed to sustain his burden of demonstrating the market value of the car, a limited production vehicle, in its diminished value, assuming an accident, in order for the trial court to ascertain his actual damages. "[T]he statute [
501.211] entitles a consumer to recover damages attributable to the diminished value of the goods or services received, but does not authorize recovery of consequential damages to other property attributable to the consumer's use of such goods or services." Urling,
468 So.2d at 454....
CopyCited 18 times | Published | Florida 4th District Court of Appeal | 43 Media L. Rep. (BNA) 2964, 2015 Fla. App. LEXIS 8497, 2015 WL 3480114
...Courts are split as to whether an individual or business must be a consumer in order to bring a valid FDUTPA claim. The main focus on the consumer inquiry, and whether an entity must be a consumer in order to have standing to bring a FDUTPA claim, involves the 2001 amendment to section 501.211(2), Florida Statutes. Prior to 2001, section 501.211(2) read: In any individual action brought by a consumer who has suffered a loss as a result of a violation of this part, such consumer may recover actual damages, plus attorney’s fees and court costs as provided in s....
...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. § 501.211(2), Fla....
...501.2105. However, damages, fees, or costs are not 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. § 501.211(2), Fla....
...Several courts have reasoned that this amendment [the 2001 amendment] “demonstrates an intent to allow a broader base of complainants ... to seek damages” under FDUTPA. Niles Audio Corp. v. OEM Sys. Co., Inc.,
174 F.Supp.2d 1315, 1320 (S.D.Fla.2001) (competitor could seek damages under newly amended §
501.211(2)); see also North Amer....
...amages actions unless they involve transactions in which the business entity was itself acting as a consumer.”
890 So.2d at 278 (emphasis added). However, although the decision issued in 2004, the analysis in the case was as to the 1993 version of section
501.211(2), and the two cases we mentioned were both decisions issued prior to the 2001 amendment of the statute. Id. Since this holding was based on the state of the law prior to the 2001 amendment to section
501.211(2), the basis of that holding is no longer applicable based on our analysis of the statute as amended....
...We therefore align ourselves with the courts which have held that an entity does not have to be a consumer in order to have standing to bring a FDUTPA claim, and we reverse as to the second ground for dismissal used by the trial court. In support of this holding, we rely on the legislature’s 2001 amendment to section *170 501.211(2), defining who may bring the claim....
CopyCited 18 times | Published | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 4176, 1997 WL 193947
...Lucy Macias appeals a final order dismissing her amended complaint with prejudice against HBC of Florida, Inc. for its alleged violations of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), §§
501.201-.213, Fla. Stat. (1995). In her three count amended complaint, Macias sought actual damages pursuant to section
501.211(2) as well as injunctive and declaratory relief under section
501.211(1)....
...tive, or unfair acts or practices in the conduct of any trade or commerce." §
501.202(2). Consistent with this purpose, the legislature has created a civil private cause of action for any consumer who has been aggrieved by any violation of the Act:
501.211 Other Individual Remedies (1) Without regard to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this part may bring an action to obtain a declaratory judgment that an act or practice violates this...
CopyCited 17 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 99779, 2009 WL 3582749
...With respect to the recovery of damages, FDUTPA provides that "[i]n any action brought by a person who has suffered a loss as a result of a violation of this part, such person shall recover actual damages, plus attorney's fees and court costs as provided in Section
501.2105." Fla. Stat. §
501.211(2)....
CopyCited 17 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 54448, 2009 WL 1810757
...not a consumer. [2] To state a claim for injunctive and declaratory relief, Plaintiff must allege that Defendants engaged in a deceptive act or practice in trade and that Plaintiff is a person "aggrieved" by the deceptive act or practice. Fla. Stat. § 501.211; see Klinger v....
...authority. Thus, Plaintiff, as a non-consumer, is not entitled to monetary damages under FDUTPA. With respect to injunctive and declaratory relief, FDUTPA permits "anyone aggrieved" to bring a claim for declaratory and injunctive relief. Fla. Stat. § 501.211(1)....
CopyCited 17 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 109960, 2009 WL 2207818
...§
501.201 et seq., in Count IX. A claim under FDUTPA for damages requires a plaintiff to demonstrate that it was aggrieved *1365 by an act or practice that constitutes a "violation of this part" and that as a result it "suffered a loss." Fla. Stat. §
501.211(2)....
CopyCited 16 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 13665, 1990 WL 153997
...ribes "[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). To enforce this proscription, the Act has created a private cause of action for damages, Fla.Stat. §
501.211(2), and for declaratory or injunctive relief, Fla.Stat. §
501.211(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 [includin...
...y 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. (emphasis added). [1] The plaintiff concedes that in count IV he is not seeking damages under § 501.211(2) but merely injunctive relief under *1480 § 501.211(1)....
...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)....
...Consequently, the plaintiff's complaint has alleged a violation of §
501.204(1). Having concluded that the complaint has alleged a violation of the Act, the next question becomes whether the defendant is entitled to avail himself of the mechanisms in §
501.211 of the Act which provide a means of redress. The Court is of the opinion that he may. Section
501.211(1) provides that " anyone aggrieved by a violation of this Act" may obtain an injunction. Unlike §
501.211(2) which only entitles "consumers" to pursue damage actions for violations of the Act, §
501.211(1) extends itself to "anyone aggrieved." Without any modifying language, the plain language of the statute includes a broader class of complainants than merely "consumers." General Time Corporation v. Big Ben Corp., et al., 1 U.S.P.Q.2d (BNA) 1239, 1986 Westlaw database 15636 (S.D. Fla.1986) (Davis, J.). It appears that the legislature's choice of the word "anyone" in §
501.211(1), instead of the word "consumer" which it used in §
501.211(2), seems deliberate and implies that the scope of the injunctive remedy is greater than the actual damage remedy....
...of an item of goods, a consumer service, or an intangible to an individual for purposes that are primarily personal, family or household...." Weekly World News, Inc.'s sale of newspapers is sufficient to make it a "supplier" as that term is used in Fla.Stat. § 501.211(1)....
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit
...At least one court has agreed with this
8
general argument. See Tampa Bay Storm, Inc. v. Arena Football League, Inc.,
1998
WL 182418 (M.D. Fla. Mar. 19, 1998).
Here, in dismissing GT&T’s FDUTPA claims, the district court cited §
501.211(2) of the Act, which states, “In any individual action brought by a consumer
who has suffered a loss as a result of a violation of this part, such consumer may
recover actual damages.” The court reasoned that although the de...
...Furthermore, even though the 1993 amendments expanded the
law’s protection to both “the consuming public at large” and “legitimate business
enterprises,” the language of the statute still only permitted “consumers” to bring
actions seeking monetary relief.5 Fla. Stat. § 501.211(2) (West 1997).
According to GT&T’s alternative argument, the FDUTPA’s 2001 amendments
expanded the pool of possible plaintiffs to include nonconsumers....
...The Act’s text and the legislative history do not provide
evidence of clear legislative intent to apply the 2001 amendments retroactively.
Therefore, the district court did not err in dismissing GT&T’s claims under the
FDUTPA.
5
Unlike § 501.211(1), which permitted “anyone aggrieved by a violation” of the Act to bring
an action for a declaratory judgment that an act or practice violates the Act, claimants seeking actual
damages had to be “consumers.” See Fla. Stat. § 501.211(2) (West 1997).
10
B....
CopyCited 15 times | Published | District Court, M.D. Florida | 2002 WL 31971728
...§
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))....
CopyCited 14 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 45501, 2009 WL 1393425
...Defendants claim because Plaintiffs have not alleged an ongoing violation, they lack standing for injunctive or declaratory relief. ( See id. ). Defendants are confusing the requirements for injunctive or declaratory relief under federal statutes with the quite different requirements under the FDUTPA. [5] Section 501.211, Florida Statutes, states as follows: Other individual remedies. (1) Without regard to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this part may bring an action to obtain a declaratory judgment that an act or practice violates this part and to enjoin a person who has violated, is violating, or is otherwise likely to violate this part. As the Florida First District Court of Appeal has explained, "[s]ection 501.211(1), Florida Statutes[,] is broadly worded to authorize declaratory and injunctive relief even if those remedies might not benefit the individual consumers who filed the suit." Davis v....
...The FDUTPA "is designed to protect not only the rights of litigants, but also the rights of the consuming public at large." Id.; see also Hialeah Automotive, LLC v. Basulto, No. 3D07-855, ___ So.3d ___,
2009 WL 187584 (Fla. 3d DCA 2009) (finding declaratory relief an available remedy under Fla. Stat. §
501.211(1)); Schauer v. Morse Operations, Inc.,
5 So.3d 2, 7 (Fla. 4th DCA 2009) ("[S]ection
501.211 provides that a person aggrieved by a violation of FDUTPA may obtain a declaratory judgment that an act or practice violates FDUTPA.")....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2004 WL 2533580
...ns in which the business entity was itself acting as a consumer. See N.G.L. Travel Assoc. v. Celebrity Cruises Inc.,
764 So.2d 672 (Fla. 3d DCA 2000); and Warren Tech., Inc. v. Hines Interests Ltd. P'ship,
733 So.2d 1146 (Fla. 3d DCA 1999); see also §
501.211(2), Fla....
...(1993) ("In any individual action brought by a consumer who has suffered a loss as a result of a violation of this part, such consumer may recover actual damages, plus attorney's fees and court costs...."). The critical term in the money damages provision of FDUTPA is that such actions must be brought by a consumer. § 501.211(2), Fla....
...With the deletion of consumer transaction from FDUTPA, it would seem that such business entity consumers could sue for damages from outlawed acts and practices in ordinary business transactions without regard to whether the claimant was acting in the capacity of consuming goods or services. At least, nothing in section 501.211(2) purports to state otherwise....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 20185, 2004 WL 3010469
...& Surety Co.,
758 So.2d 94 (Fla.2000). To give the statute life, the Legislature conferred the right to bring an individual action on any "consumer who has suffered a loss as a result of a *990 violation" of FDUTPA to "recover actual damages, plus attorney's fees and court costs." §
501.211(2), Fla....
...Here, Collins sought to recover the diminution in value of her Chrysler automobile caused by the allegedly defective seatbelt buckles. FDUTPA authorizes a person "who has suffered a loss" as a consequence of a violation of the statute to recover "actual damages." § 501.211(2), Fla....
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 66 A.F.T.R.2d (RIA) 5998, 1990 U.S. App. LEXIS 13640, 1990 WL 103585
...10 Under Minnesota law a valid disclaimer must be filed within six months of the event which causes the disclaimant to be finally ascertained and his interest to be indefeasibly fixed, and must be filed in a Minnesota district court. Minn.Stat. Sec. 501.211, subds. 1(c), 3, 4 11 Under Minnesota law, a disclaimer is filed within a reasonable time if it is filed within six months of the event which causes the disclaimant's interest to become indefeasibly fixed. Minn.Stat. Sec. 501.211, subd....
CopyCited 12 times | Published | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 23086, 2001 WL 1549227
...FDUTPA CLAIM Defendants also argue that Niles fails to state a claim under FDUTPA because Niles is a competitor of Defendants and not a consumer. Due to the recent amendments to FDUTPA, Defendants' argument fails. Niles FDUTPA claim is based on Florida Statute § 501.211, which authorizes a private cause of action for injunctive relief (§ 501.211(1)) and damages (§ 501.211(2)). Prior to July 1, 2001, Section 501.211 of FDUTPA provided: (1) Without regard to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this part may bring an action to obtain a declaratory judgment that an act or practice violates thi...
...(2) In any individual action brought by a consumer who has suffered a loss as a result of a violation of this part, such consumer may recover actual damages. Based on the plain language of this version of the statute, Courts have determined that competitors could seek declaratory relief under § 501.211(1), but that only consumers could seek damages under § 501.211(2)....
...1477, 1480 (S.D.Fla.1990) ("Without modifying any language, the plain language of [§ 502.211(1)] includes a broader class of complainants than merely `consumers'"). Accordingly, the law is clear that Niles, as a competitor, may bring an action for declaratory relief under § 501.211(1). The Florida Legislature recently amended several sections of FDUTPA, including § 501.211(2), effective July 1, 2001....
...The Court finds that the Florida Legislature's replacement of the word consumer *1320 with the word person, demonstrates an intent to allow a broader base of complainants, including competitors such as Niles, to seek damages. Indeed, this is similar to the language in Section
501.211(1), in which "anyone aggrieved" may bring an action for declaratory relief. See Big Tomato,
972 F.Supp. at 664. Accordingly, the Court finds that Niles' may bring a claim for both damages and declaratory relief under Section
501.211....
CopyCited 12 times | Published | District Court, S.D. Florida | 1979 U.S. Dist. LEXIS 8417
...Florida's "Little FTC Act" does include an additional section captioned "Other individual remedies" which specifies a particular private cause of action. First, "anyone aggrieved by a violation [of the Act] may bring an action to obtain a declaratory judgment . . . and to enjoin a supplier." Fla.Stat. § 501.211(1) (emphasis added). This provision does not help the plaintiff at bar since L.J.S. Company seeks damages rather than declaratory or injunctive relief. Second, a consumer who sues under the Act, presumably under Section 501.211(1), may also collect actual damages, attorney's fees, and court costs. Fla.Stat. § 501.211(2)....
...ily personal, family, or household" or which constitute the equivalent of a franchise. Clearly, a corporation which hires an attorney to undertake commercial litigation is not a consumer and has no private right of action for damages under Fla.Stat. § 501.211(2)....
CopyCited 12 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 71088, 2015 WL 3440418
...Summary judgement in favor of Public Storage, however, would not be warranted on Plaintiffs’ FDUTPA claim because the measure of damages is different and the record contains evidence supporting Plaintiffs’ damages theory. Under FDUTPA, a plaintiff is entitled to “actual damages.” Fla. Stat. § 501.211 (2)....
CopyCited 12 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 12307, 1997 WL 523677
...Regardless of the alleged facts, however, a court may dismiss a complaint on a dispositive issue of law. Marshall County Bd. of Educ. v. Marshall County Gas Dist.,
992 F.2d 1171, 1174 (11th Cir.1993). In Count III, Plaintiff seeks damages and an injunction under §
501.211 of UDTPA, which provides in pertinent part: (1) ......
...er UDTPA. Roldan, however, was a preliminary injunction case, in which the court merely stated that "palming off" could constitute a violation of UDTPA without addressing the standing issue. Id. Thus Plaintiff has no standing to pursue damages under §
501.211(2) of UDTPA. Plaintiff has also sought an injunction pursuant to §
501.211(1) of UDTPA. Section
501.211(1) provides that "anyone aggrieved" may seek injunctions under UDTPA. Courts have held that competitors may seek an injunction against continued trademark infringement under §
501.211. See Klinger v. Weekly World News, Inc.,
747 F.Supp. 1477, 1480 (S.D.Fla.1990) ("Without modifying any language, the plain language of [§
501.211(1)] includes a broader class of complainants than merely `consumers'"); General Time Corp. v. Big Ben, 1 U.S.P.Q.2d (BNA) 1239 (S.D.Fla.1986). Consequently, Plaintiff has properly plead a cause for injunctive relief under §
501.211(1) of UDTPA....
...Conclusion Accordingly, after a careful review of the record, and the Court being otherwise fully informed, it is ORDERED, ADJUDGED, and DECREED that Defendants' Motion to Dismiss Count III be, and the same is hereby, GRANTED with respect to any claim for damages pursuant to Fla. Stat. § 501.211(1). It is further ORDERED, ADJUDGED, and DECREED that Defendants' Motion to Dismiss Count III be, and the same is hereby, DENIED with respect to the claim for an injunction pursuant to Fla. Stat. § 501.211(2)....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2008 WL 4162964
...Pursuant to the subrogation clause in the policy, State Farm brought suit against ADT alleging claims for breach of express warranty, breach of implied warranty of fitness, breach of implied warranty of merchantability, fraud in the inducement and deceptive trade practices under section 501.211, Florida Statutes....
...Accordingly, the trial court did not err in granting summary judgment on appellants' negligence *1250 claim. [2] We affirm the final summary judgment. VAN NORTWICK, LEWIS, AND ROBERTS, JJ., concur. NOTES [1] While appellants initially alleged a claim for deceptive trade practices under section 501.211, Florida Statutes, appellants conceded that summary judgment was proper for this claim....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22681423
...This case involves the first prongwhether a valid arbitration agreement exists. We agree with the Buyers' contention that the arbitration agreement is unenforceable. The Buyers seek injunctive relief but the arbitration agreement authorizes only an award of damages, fees, and costs. "Section 501.211(1), Florida Statutes[,] is broadly worded to authorize declaratory and injunctive relief even if those remedies might not benefit the individual consumers who filed the suit." Davis v....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2002 WL 429271
...under the Act. However, to the extent that he alleged consequential, speculative, or other special damages, we agree with Morse that same may not be recovered under the Act. See Urling v. Helms Exterminators, Inc.,
468 So.2d 451 (Fla. 1st DCA 1985); §
501.211, Fla....
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 13609
...iod to arrange financing, but ultimately failed to raise the
necessary capital. DUSA kept the non-refundable deposit and Nieman sued for its return under the Florida
Deceptive and Unfair Trade Practices Act (DUTPA), FLA. STAT. ANN. §§
501.201 to
501.211 (West 1994).
The basis of Nieman's suit was that DUSA had failed to make the disclosures required under the DUTPA and
under the Federal Trade Commission (FTC) Franchise Rule, 16 CFR § 436.1 (1998)....
...§
501.203(3)(a) (West 1994). The FTC
Franchise Rule was promulgated pursuant to the Federal Trade Commission Act, 15 U.S.C. § 41 et seq. See
16 CFR § 436 (1998). The DUTPA also creates a private cause of action where none exists under federal
law. FLA. STAT. ANN. §
501.211 (West 1994)....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...that Chicken Unlimited was not guilty of any deceptive or unfair trade practices. 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...
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2004 WL 2453905
...ble methods for the fair and efficient adjudication of the controversy. We now briefly address several of these requirements in the context of the instant case. Numerosity The demonstration of actual loss is a predicate to recovery under FDUTPA. See § 501.211(2), Fla....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1999 WL 391858
...The Florida Deceptive and Unfair Trade Practices Act contains a comprehensive *1148 administrative scheme of enforcing consumer rights and punishing those who engage in unfair trade practices. See §
501.207, Fla. Stat. (1991). The Act also permits private enforcement of its provisions under Section
501.211....
...Mancusi,
632 So.2d 1352 (Fla.1994); Cinghina v. Racik,
647 So.2d 289 (Fla. 4th DCA 1994). We point this out although it makes no difference which version of the Act is applied. Neither affords the plaintiff with the right to the requested relief. The 1993 amendments did not alter Section
501.211....
CopyCited 10 times | Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 39240, 2006 WL 45902
...nable under the FDUTPA; and (2) the parties have not directly transacted any business with each other. [11] The FDUTPA permits "any action [for damages] brought by a person who has suffered a loss as a result of a violation of the FDUTPA. Fla. Stat. § 501.211(2)....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1998 WL 568123
...However, we take this opportunity to discuss by way of dicta the issue concerning the damages awarded, i.e., the $25,000 awarded against GMAC and the $30,000 awarded against Ed Morse ($55,000 total), which exceeded Laesser's actual damages by some ten-fold or more. Florida Statutes Section 501.211(2) provides that a consumer who has been damaged as a result of a violation of the Florida Deceptive and Unfair Trade Practices Act may recover actual damages plus attorney's fees and court costs....
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). "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." Zlotnick v. Premier Sales Group, Inc.,
480 F.3d 1281, 1284 (11th Cir.2007) (citing Fla. Stat. §
501.211(2))....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 2694, 2005 WL 497152
...e right to arbitration was waived. Seifert v. U.S. Home Corp.,
750 So.2d 633, 636 (Fla.1999). The issue in this appeal concerns the first element, whether a valid arbitration agreement exists. FDUTPA contains two sections concerning attorney's fees. Section
501.211, entitled "Other individual remedies," provides in pertinent part: (1) Without regard to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this part may bring an action to obtain a declarator...
...d almost certainly be negated by having to pay the defendants' legal fees. The defendant argues that paragraph 11 does not preclude a prevailing party's recovery of attorney's fees under the FDUTPA. However, it frustrates the purpose behind sections
501.211 and
501.2105 by obligating the purchaser to pay the dealer's attorney's fees in the event of a suit by the purchaser without conditioning such obligation on the dealer being the prevailing party....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 22, 2009 WL 18674
...On remand plaintiff will be entitled to have the original retail installment sales contract produced and made available for his examination. The trial court also granted Morse's motion for summary judgment on plaintiff's FDUTPA claim because plaintiff did not suffer any recoverable damages. Under FDUTPA section
501.211(2), Florida Statutes (1999), a consumer may recover "actual damages" but section
501.212(3) explains that FDUTPA does not apply to a "claim for personal injury or death or a claim for damage to property other than the property that is...
...(9) "Thing of value" may include, without limitation, any moneys, donation, membership, credential, certificate, prize, award, benefit, license, interest, professional opportunity, or chance of winning. Based on sections
501.212(3) and
501.203(8) and (9), this court and other courts have held that section
501.211 "`entitles a consumer to recover damages attributable to the diminished value of the goods or services received, but does not authorize recovery of consequential damages to other property attributable to the consumer's use of such goods or services.'" Fort Lauderdale Lincoln Mercury, Inc....
...There are material issues of fact as to whether plaintiff remains obligated on the loan, or was improperly charged for insurance, and the summary judgment is reversed as to any damages for these claims under FDUTPA against Morse. Plaintiff also sought declaratory and injunctive relief under FDUTPA, which in section 501.211(1) provides that a person aggrieved by a violation of FDUTPA may obtain a declaratory judgment that an act or practice violates FDUTPA....
CopyCited 9 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 1805, 2010 WL 111492
...ion; and (3) actual damages. [D.E. 165 at 7-8 (citing Rollins, *1366 Inc. v. Butland,
951 So.2d 860, 869 (Fla. 2d DCA 2007)) ]. But this standard applies to a plaintiff attempting to recover damages for unfair or deceptive practices under Fla. Stat. §
501.211(2). However, Kelly is seeking only injunctive relief. Fla. Stat. §
501.211(1) permits a claim for injunctive relief by "anyone aggrieved" by an unfair or deceptive act....
...Therefore, the argument that she cannot satisfy the injury requirement of FDUTPA is unavailing. See, e.g., Klinger v. Weekly World News, Inc.,
747 F.Supp. 1477, 1480 (S.D.Fla.1990) (professional writer who allegedly lost ability to publish and who was seeking injunctive relief under § 510.211(1) rather than damages under §
501.211(2) could proceed with claim by alleging that defendant engaged in deceptive act or practice and that he was "aggrieved" by that act or practice; "anyone aggrieved" includes a broader class of complainants than merely consumers; scope of injunctive remedy is greater than the actual damage remedy); Galstaldi,
637 F.Supp.2d at 1057-58 (§
501.211(1) is "broadly worded to authorize declaratory and injunctive relief even if those remedies might not benefit the individual consumers who filed the suit.") (internal citation omitted); Big Tomato v. Tasty Concepts, Inc.,
972 F.Supp. 662, 664 (S.D.Fla.1997) ("anyone aggrieved" includes competitors who seek an injunction against continued trademark infringement under §
501.211(1))....
...sability due to various mental and physical disabilities." [D.E. 191 at 4]. They contend that Lil suffered a direct monetary damage as a result of the Palmer Law Firm's conduct and thus is an "aggrieved" person under the FDUTPA statute, specifically § 501.211(1)....
...Lil read the letter, felt intimidated, and approved payment from a joint account. [ Id. at 30]. She has suffered a monetary loss as a *1367 result of receipt of the demand letter from the Palmer Law Firm. Assuming a cause of action lies, she may bring a claim for actual damages under § 501.211(2). She may also sue for injunctive relief under § 501.211(1) as she is an "aggrieved" person under the FDUTPA....
...public from those who engage in unfair methods of competition, unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce); see also, Galstaldi v. Sunvest Cmtys. USA, LLC,
637 F.Supp.2d 1045, 1057 (S.D.Fla.2009) (§
501.211(1) "is broadly worded to authorize declaratory and injunction relief even if those remedies might not benefit the individual consumers who filed the suit....
...3:07-cv947-J-33HTS,
2008 WL 2950112, at *8-*9 (M.D.Fla. July 31, 2008) ("Only consumers may bring private suit under FDUPA."). However, other cases hold that non-consumers may sue under FDUTPA. The rationale in these cases is that the 2001 legislative amendments to §
501.211(2) broadened the scope of FDUTPA, to authorize any person or entity who suffered a loss as a result of an unfair or deceptive trade practice or act to bring a suit for damages....
...consumer" who suffered a loss as a result of a violation of the act, "such consumer" could recover actual damages. In 2001, the Florida Legislature replaced the word "consumer" with the word "person." See 2001 Laws of Fla. ch. 2001-39 § 6 (amending § 501.211(2) as described)....
...*1373 Several courts have reasoned that this amendment "demonstrates an intent to allow a broader base of complainants... to seek damages" under FDUTPA. Niles Audio Corp. v. OEM Sys. Co., Inc.,
174 F.Supp.2d 1315, 1320 (S.D.Fla. 2001) (competitor could seek damages under newly amended §
501.211(2)); see also North Amer....
...5, 2007); Advanced Protection Technologies, Inc. v. Square D. Co.,
390 F.Supp.2d 1155, 1164 (M.D.Fla.2005); Gritzke v. M.R.A. Holding, LLC, No. 4:01CV495-RH,
2002 WL 32107540, at *4 (N.D.Fla. March 15, 2002). [8] We agree with these latter cases. Applying a liberal construction to §
501.211(2), as we are compelled to do when construing the provisions of FDUTPA, see §
501.202, we see no reason not to conclude that replacing the term "consumer" with "person" served to broaden the reach of the statute so that more than just consumers could avail themselves of the protection of this statute....
...§ 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). [7] Subsection
501.211(2) provides that "[i]n any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney's fees and court costs...." §
501.211(2). This is in contrast with §
501.211(1), which provides for injunctive relief rather than damages for "anyone aggrieved by a violation of this part ...." §
501.211(1)....
...4th DCA 2004) (state court decisions are "rare events" in FDUTPA litigation)). [9] We respectfully disagree with the reasoning of our sister court in Kertesz,
635 F.Supp.2d at 1348-50 (Marra, J.). There, the court examined the legislative history of §
501.211 and found that the intent of the Legislature in 2001 when it amended this portion of the statute was to clarify that "businesses, just like individuals, could obtain monetary damages in FDUTPA cases." Id....
...remedies for a violation of the statute. To us, this evinces an intent to expand the applicability of the remedies provision to more than just consumers. If the purpose had been to assure that businesses could avail themselves of the remedies under §
501.211(2), given "inconsistent court interpretations" in which "remedies available to individual consumers have not always been available to business consumers," see Senate Staff Analysis at 4, that purpose could have been accomplished by the change to the definition of "consumer" (in §
501.203(7)), such that the term "consumer" did not have to be replaced with "person" in §
501.211(2)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 15 U.C.C. Rep. Serv. 2d (West) 759, 1991 Fla. App. LEXIS 9432, 1991 WL 186964
...and unfair trade practices claim. It is significant in this case that the discrepancy in the title did not become known until after the Corvette's disappearance. Appellee suffered absolutely no damages as a result of the alleged breach of warranty. Section 501.211(2), Florida Statutes (1987) (emphasis added), states: *519 (2) 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 attorneys fees and court costs as provided in s....
CopyCited 8 times | Published | District Court, M.D. Florida
...l damages-a required element under FDUTPA. FDUTPA provides that "[i]n any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages , plus attorney's fees and court costs ...." § 501.211(2) (emphasis added)....
CopyCited 8 times | Published | District Court, M.D. Florida
...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. Stat. (2009). Section
501.211 provides that any person [9] who has suffered a loss as a result of such practices may commence a private action for actual damages, attorney's fees, and court costs. §
501.211(2), Fla....
...(Case No. 07-1503, Doc. No. 107 at 18.) However, the 2001 Amendments to FDUTPA broadened its scope to allow any person or entity who has suffered a loss as a result of unfair or deceptive acts or practices to commence a private action for actual damages. § 501.211(2), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2007 WL 4145222
...ry for consumers"). But public enforcement resources are necessarily limited. Reflecting this realityand against the backdrop of class action availabilitythe Act created a private cause of action for consumers aggrieved by FDUTPA violations. See § 501.211(1),(2), Fla....
...State Dep't of Ins.,
478 So.2d 1105, 1106 (Fla. 1st DCA 1985); Perimeter Invs., Inc. v. Amerifirst Dev. Co.,
423 So.2d 586, 587 (Fla. 1st DCA 1982). [2] Those who suffer loss as a result of a violation of the Act may recover actual damages, attorney's fees, and court costs. See §
501.211(2), Fla....
CopyCited 8 times | Published | District Court, N.D. Florida | 2007 A.M.C. 2395, 2007 U.S. Dist. LEXIS 50523, 2007 WL 2011274
...itable relief," and can be awarded costs and expenses, including attorney's fees. 15 U.S.C. § 2310(d)(1) & (2). Under the Florida Deceptive and Unfair Trade Practices Act, a "person may recover actual damages, plus attorney's fees and court costs." § 501.211(2), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 31 U.C.C. Rep. Serv. (West) 1273, 1981 Fla. App. LEXIS 19930
...f the used car to Franklin. §§
672.314-.315, Fla. Stat. (1979); Knipp v. Weinbaum,
351 So.2d 1081 (Fla.3d DCA 1977). We conclude that Franklin's complaint did allege a breach of these implied warranties. Franklin properly filed her complaint under section
501.211(2) of the Deceptive and Unfair Trade Practices Act since her purchase of the automobile constituted a "consumer transaction" under section
501.203(1) of the Act....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 6917, 2010 WL 1979286
...t, [as well as] balance on the loan...." Recovery filed a motion for final summary judgment arguing, among other grounds, that Rodriguez was not entitled to recovery as a matter of law because she had not pled any damages that were recoverable under section 501.211(2), Florida Statutes (2009)....
...After a hearing, the trial court entered final summary judgment in favor of Recovery on November 17, 2008, concluding that the damages Rodriguez sought were not recoverable under FDUTPA. This appeal ensued. II. ANALYSIS A. Damages not recoverable under the FDUTPA Section 501.211(2), Florida Statutes (2009), provides: "In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney's fees and court costs ...." (emphasis ad...
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1226
...t interest to appellant and the elimination of the duplicative damage awards to appellees. WENTWORTH and WIGGINTON, JJ., concur. NOTES [1] Although the trial court's award to appellees was apparently not based upon count III of the counterclaim (the Section 501.211 count), it is not clear from the final judgment whether the award to appellees was predicated upon count II (negligence) or count III (breach of contract) or both....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2008 WL 312522
...Wade,
457 So.2d 1008 (Fla.1984). This principle precludes class litigation of a claim of intrinsic fraud as a matter of course. In contrast, class litigation is not necessarily precluded in a statutory cause of action for a deceptive trade practice under section
501.211(2), Florida Statutes....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 1375, 41 Fla. L. Weekly Fed. D 321
...trial court found that many actions of EFO
Holdings and EFO Genpar violated the Florida Deceptive and Unfair Trade Practices
Act (FDUTPA), it found that the Appellants were entitled to only injunctive relief against
the two Appellees pursuant to section 501.211(2), Florida Statutes (2006), because it
was a competitor and not a consumer.
One purpose of FDUTPA is to protect "the consuming public and
legitimate business enterprises from those who engage in unfair methods of
co...
...air acts or practices in the conduct of
any trade or commerce." §
501.202(2) (emphasis added). This section, by legislative
directive, is to be construed liberally to promote the above policy. §
501.202. The
Appellants' FDUTPA claim is based on section
501.211, which authorizes a private
cause of action for injunctive relief, §
501.211(1), and damages, §
501.211(2).
Prior to 2001, section
501.211 provided as follows:
(1) Without regard to any other remedy or relief to which a
person is entitled, anyone aggrieved by a violation of this
part may bring an action to obtain a declaratory j...
...attorney's fees
and court costs as provided in s.
501.2105 . . . .
(Emphasis added.)
Based on the plain language of this version of the statute, courts have
determined that competitors could seek declaratory relief under section
501.211(1), but
that only consumers could seek damages under section
501.211(2)....
...See Del Monte
Fresh Produce Co. v. Dole Food Co.,
136 F. Supp. 2d 1271, 1295 (S.D. Fla. 2001); see
also Warren Tech., Inc. v. Hines Interests Ltd. P'ship,
733 So. 2d 1146, 1148 (Fla. 3d
DCA 1999).
However, effective July 1, 2001, the legislature amended section
501.211(2), Florida Statutes (2001), by inserting the word "person" in place of the word
"consumer": "In any action brought by a person who has suffered a loss as a result of a
violation of this part, such person may recover actual damages, plus attorney's fees and
court costs as provided in s....
...w a broader base of complainants,
including competitors such as [the appellant], to seek damages." (Emphasis omitted.)
In Niles Audio Corp, the court found that the appellant could bring a claim for both
damages and declaratory relief pursuant to section 501.211....
...Supp. 2d 1134, 1146-47 (M.D. Fla. 2007) (holding that plaintiff
had standing to bring FDUTPA claim for damages against the defendant, a competitor,
for the misappropriation of trade secrets and confidential information).
We agree that section 501.211(2) evinces a legislative directive that the
remedy of damages is not limited to a consumer....
CopyCited 7 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 28276, 2005 WL 1026025
...Prior to July 1, 2001, FDUTPA provided that "[i]n any individual action brought by a consumer who has suffered a loss as a result of a violation of this part, such consumer may recover actual damages, plus attorney's fees and court costs." Fla. Stat. § 501.211(2) (emphasis added)....
...ord "person." The current version of FDUTPA provides that "[i]n any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney's fees and court costs." Fla. Stat. § 501.211(2) (emphasis added)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2012 WL 3870405, 2012 Fla. App. LEXIS 14997
...The trial court ruled, as a matter of law, that because Wyndham could not prove actual damages on its FDUTPA claims, injunctive relief under FDUTPA was precluded. Wyndham challenges that ruling, arguing that the existence of actual damages has no bearing on the availability of injunctive relief available under section 501.211 to enjoin conduct that constitutes a deceptive or unfair trade practice....
...of a violation of its provisions. See §§
501.202(2),
501.204(1), Fla. Stat. (2010); Martinez v. Rick Case Cars, Inc.,
278 F.Supp.2d 1371, 1378 (S.D.Fla.2003) (applying Florida law); Macias v. HBC of Fla., Inc.,
694 So.2d 88, 90 (Fla. 3d DCA 1997). Section
501.211(1), Florida Statutes, permits a claim for injunctive relief by “anyone aggrieved” by an unfair or deceptive act, which has occurred, is now occurring, or is likely to occur in the future....
...Don Mealy Imports, Inc.,
285 F.Supp.2d 1297 (M.D.Fla.2003); Klinger v. Weekly World News, Inc.,
747 F.Supp. 1477, 1480 (S.D.Fla.1990); Macias,
694 So.2d at 90 . Accordingly, regardless of whether an aggrieved party can recover “actual damages” under section
501.211(2), it may obtain injunctive relief under section
501.211(1)....
...Accordingly, we conclude that the argument that Wyndham cannot satisfy the injury requirement of FDUTPA is unavailing. See, e.g., Big Tomato,
972 F.Supp. at 664 (recognizing that “anyone aggrieved” includes competitors who seek injunction against continued trademark infringement under section
501.211(1)); Klinger, 747 F.Supp....
CopyCited 6 times | Published | District Court, N.D. Florida | 2007 U.S. Dist. LEXIS 22260, 2007 WL 951804
...dge Vinson found that "some of the statements, evaluated separately, might be explained as innocent mistakes." (Doc. 191:15). I agree. Therefore, I find it improper to award AAHF attorneys' fees under §
57.105. 2. FDUTPA, Fla. Stat. §§
501.2105 &
501.211 AAHF also requests attorneys' fees and expenses under FDUTPA, Fla. Stat. §§
501.2105 &
501.211....
...lving a violation of this part, . . . the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, may receive his or her reasonable attorney's fees and costs from the nonprevailing party. Fla. Stat. §
501.2105(1). Section
501.211 states, in relevant part, that In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney's fees and court costs as provided in s.
501.2105. Flat. Stat. §
501.211(2)....
...AAHF submits that such awards are permitted solely on the basis that Defendant violated FDUPA. The plain language of FDUTPA's provisions for attorney's fees and costs is ambiguous. While .§
501.2105 permits a "prevailing party" to recover attorney's fees and costs, §
501.211(2) arguably requires a plaintiff to have "suffered a loss" before entitling it to actual damages, attorney's fees, and costs....
...e Defendant to attorney's fees and costs. According to the plain language of the statute, the decision to award attorney's fees and costs is discretionary.") The words "may receive" and "may recover" attorney's fees and costs in §§
501.2105(1) and
501.211(2) are indicative of such discretion....
...rden to prove entitlement to attorney's fees and expenses; the permissive nature of FDUTPA's fee-shifting provisions; and the merits of AAHF's case, I find that AAHF is not entitled to an award of attorney's fees and costs under §§
501.2105(1) and
501.211(2)....
CopyCited 6 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 6917, 2010 WL 146846
...the contract ... or caused him to act differently in any way____”); Philip Monis USA Inc. v. Hines,
883 So.2d 292, 294 (Fla. 4th DCA 2003) (explaining that “we question whether Davis gives fair consideration to the principle of causation within section
501.211(2)____”); Black Diamond Props., Inc....
...Thus, to satisfy the FDUTPA’s causation requirement, each plaintiff is required to prove only that the deceptive practice would — in theory — deceive an objective reasonable consumer. iii. Actual Damages. Finally, an FDUTPA claim cannot stand unless the plaintiff alleges actual damages. Fla. Stat. § 501.211 (“In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney’s fees and court costs ____”)....
CopyCited 6 times | Published | District Court, S.D. Florida | 2015 WL 7968093, 2015 U.S. Dist. LEXIS 114982
...r purchases -within those specific ranges. The record of what Lombardo paid for the Products is, at best, inconclusive. But paying premium rates is vital to her FDUTPA claim because actual loss is a predicate to recovery under FDUTPA. See Fla. Stat. § 501.211 (2) (authorizing recovery for “actual damages”); Maroone Chevrolet, Inc....
...Mills, Inc.,
635 F.3d 1279, 1283 (11th Cir.2011). Still, causation is a necessary element of the FDUTPA claim, and “causation must be direct, rather than remote or speculative.” Hennegan Co. v. Arriola,
855 F.Supp.2d 1354, 1361 (S.D.Fla.2012) (King, J.); see also Fla. Stat. §
501.211 (2) (A “person who has suffered a loss as a result of a violation of this part ......
CopyCited 5 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 15224, 2002 WL 1888791
...s of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in conducting any trade or commerce. Fla. Stat. §
501.204. Under the statute, only a "consumer" may recover actual damages for unfair trade practices. Id. §
501.211(2)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 31 Envtl. L. Rep. (Envtl. Law Inst.) 20880, 2001 Fla. App. LEXIS 9692, 2001 WL 786785
...ial or special damages such as the cost of the termite repairs themselves. Other than the award of attorney's fees and costs to the prevailing party, the civil litigant bringing a successful action under the Act is entitled only to "actual damages." § 501.211 (Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1996 WL 271565
...prosecute claims for the unauthorized practice of law. Dade-Commonwealth is controlling of this case. Under count II, the appellants sought an injunction against Sheen and ILRS for the same conduct claiming deceptive and unfair trade practices under section 501.211, Florida Statutes (1993)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1992 WL 361313
...Because the remedy of rescission is not appropriate or available on the facts of this case, upon remand appellant should be permitted to recover under both of his two remaining counts, violation of the Florida Deceptive and Unfair Trade Practices Act, as well as fraud and misrepresentation. Under section 501.211 of the Florida Deceptive and Unfair Trade Practices Act, these two remedies are not mutually exclusive: "Without regard to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this part may bring an action to obtain a declaratory judgment that an act or practice violates this part... ." § 501.211(1), Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 111701, 2015 WL 5021726
...And the court finds no such limitation with respect to the recovery of actual damages under FDUPTA in the cases cited by the parties. Indeed, the cases affirm that one who suffers a loss due to a violation of- FDUPTA may recover actual damages. Fla. Stat. § 501.211 (2); Rollins, Inc....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1969281
...old intrusion, and being unable to pursue remedies in a court of law in accordance with their legal and constitutional rights. The Plaintiffs, and all class members similarly situated, are entitled to recover damages, attorney's fees and costs under § 501.211 Fla....
CopyCited 3 times | Published | District Court, S.D. Florida | 64 U.C.C. Rep. Serv. 2d (West) 24, 2007 U.S. Dist. LEXIS 74418, 2007 WL 2729810
...on if the evidence of causation shows that Plaintiff is entitled to relief; the parties shall jointly file notice of their position by September 28, 2007; and (4) In light of the relief granted herein and the available remedies under the FDUTPA, see § 501.211, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...o Mayo Clinic and offered to pay
attorney’s fees. However, we do not agree that the claim for declaratory and
injunctive relief by Ahearn as an allegedly aggrieved party under the Florida
Deceptive and Unfair Trade Practices Act (“FDUTPA”), section 501.211(1),
Florida Statutes, was extinguished by the Mayo Clinic’s actions....
...In that count, Ahearn sought monetary damages, and declaratory and
injunctive relief. Although combined in one count, these allegations implicate two
separate paragraphs of FDUTPA, each of which requires separate analysis.
8
Section
501.211(2), Florida Statutes, provides in part, “[i]n any action
brought by a person who has suffered a loss as a result of a violation of this part,
such person may recover actual damages, plus attorney’s fees and court costs.” As
is the case with Ahearn’s breach of contract claim, his claim under section
501.211(2) for damages was made moot when Mayo Clinic waived his balance and
agreed to pay attorney’s fees and costs. Since he has no claim for actual damages,
and only the amount of fees and costs is left to determine, he has no claim under
section
501.211(2). Since he has no individual claim for damages, Ahearn has no
standing to sue on behalf of a class for damages under section
501.211(2). See
Baptist Hosp. Inc. v. Baker,
84 So. 3d 1200 (Fla. 1st DCA 2012) (holding lack of
actual injury by class representative precluded class action for damages under
section
501.211(2)).
As to Ahearn’s claim in count three for declaratory and injunctive relief
under FDUTPA, such claims are governed by section
501.211(1), which provides,
[w]ithout regard to any other remedy or relief to which a person is
entitled, anyone aggrieved by a violation of this part may bring an
action to obtain a declaratory judgment that an act or prac...
...Mayo Clinic contends
that “aggrieved” has the same meaning as “harmed,” “adversely affected,” or
“suffered damages.” Such an argument is unpersuasive given the Legislature’s use
9
of the distinctive wording of subsections (1) and (2) of section 501.211....
...The Merriam-Webster Online Dictionary defines aggrieved as “feeling
10
synonymous with damaged or suffered a loss. If the Legislature intended such, it
would have said “suffered a loss” or “damaged” based on the text of 501.211(2).
The second definition in Black’s is more consistent with the meaning of aggrieved
in the context of the statute. It is this meaning we adopt as the meaning of
“aggrieved” under section 501.211(1).
This definition of “aggrieved” as being more expansive than “damaged” or
“suffered a loss” is consistent with cases from this and other courts analyzing
FDUTPA....
...11
noted that if the Davis court was giving too broad a reading of FDUTPA, the
Legislature could always remedy the problem. In the over fourteen years since
Davis was decided, the Legislature has not limited the definition of “aggrieved” in
section 501.211(1).
In Wyndham Vacation Resorts, Inc....
...v. Timeshares Direct, Inc.,
123 So. 3d
1149 (Fla. 5th DCA 2012), the Fifth District Court of Appeal was faced with the
question of whether an aggrieved party had to suffer monetary damages to be able
to maintain an action for an injunction under section
501.211(1)....
...DUTPA
was precluded as a matter of law. Id. at 1151. In reversing the trial court, our
sister court reviewed the purpose of FDUTPA and held, as we hold here, that
“regardless of whether an aggrieved party can recover ‘actual damages’ under
section 501.211(2), it may obtain injunctive relief under section 501.211(1).” Id....
...Tasty Concepts, Inc., 972 F.
Supp. 662, 664 (S.D. Fla. 1997)). Furthermore, in Kelly v. Palmer, Reifler, &
Assocs., P.A.,
681 F. Supp. 2d 1356 (S.D. Fla. 2010), the federal district court held
12
that a party is aggrieved for purposes of section
501.211(1) even though the
offending conduct was voluntarily ceased.
We do not attempt here to establish a bright-line test as to when a person is
or is not aggrieved under FDUTPA. We note that for someone to be aggrieved, the
injury claimed to have been suffered cannot be merely speculative. Macias v.
HBC of Florida, Inc.,
694 So. 2d 88 (Fla. 3d DCA 1997). It should be emphasized
the plain language of section
501.211(1) offers declaratory and injunctive relief
against a party “who has violated, is violating, or is otherwise likely to violate this
part.” (Emphasis added). Thus, the deliberate use of the past tense establishes that
the offending conduct need not be continuing in order to seek declaratory or
injunctive relief. But, an “aggrieved” person for purposes of section
501.211(1)
nevertheless must be able to demonstrate some specific past, present, or future
grievance, otherwise the statute would have no meaning in violation of settled rules
of statutory construction....
...The alleged adverse
interest may be shared in common with other members of
the community at large but must exceed in degree the
general interest in community good shared by all persons.7
(Emphasis added).
Therefore, a material issue of fact remains as to whether Ahearn was
“aggrieved” under section 501.211(1). Since Ahearn individually has a case or
controversy as to his claim for declaratory and injunctive relief under section
501.211(1), he may also attempt to assert a claim as class representative for this
relief pursuant to Sosa and Taran....
...However, contrary to the majority’s holding, I
would also conclude that Ahearn’s individual and class actions claims for
declaratory and injunctive relief pursuant to FDUTPA were barred because Ahearn
cannot establish that he is an aggrieved party pursuant to section 501.211(1),
Florida Statutes.
FDUTPA authorizes private causes of action for both injunctive and
declaratory relief and for actual damages. Section 501.211 provides:
(1) Without regard to any other remedy or relief to which a person is
entitled, anyone aggrieved by a violation of this part may bring an
action to obtain a declaratory judgment that an act or practice vio...
...However, damages, fees, or costs are not 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.
§ 501.211, Fla....
...plaintiff “aggrieved” by a violation of FDUTPA. See Wyndham Vacations
Resorts, Inc. v. Timeshares Direct, Inc.,
123 So. 3d 1149, 1152 (Fla. 5th DCA
2011) (“[R]egardless of whether an aggrieved party can recover ‘actual damages’
under section
501.211(2), it may obtain injunctive relief under section
501.211(1).”); Smith v....
...s received, but does not authorize
recovery of consequential damages to other property attributable to the consumer’s
use of such goods or services.”). Neither may a FDUTPA plaintiff recover
diminution in value damages or stigma damages under section 501.211(2)....
...damages, speculative losses, or compensation for subjective feelings of
disappointment). In each of these instances, the plaintiffs have been adversely
affected and/or have suffered losses and yet are barred from recovery under the
damages provision set forth in section 501.211(2).
20
However, despite their inability to recover their losses under the damages
provision of FDUTPA, parties suffering losses in the form of consequential
damages, nominal damages, diminution in value damages, and other non-
recoverable damages remain “aggrieved” within the meaning of FDUTPA and are
not barred from seeking injunctive or declaratory relief pursuant to section
501.211(1)....
...Following the cancellation of his debt
and payment of his fees and costs, Ahearn’s claim became moot and he was no
longer in a position to complain. Thus, Ahearn is not an aggrieved party within the
22
meaning of section 501.211(1), and he may not pursue injunctive or declaratory
relief under FDUTPA....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 18103, 2014 WL 5654266
...Although Brown was not charged a premium for the applied-for
insurance, she claimed that she would not have gone through with the purchase of
the car without the insurance and sought damages for fraudulent inducement. She
also sought declaratory and injunctive relief under section 501.211 of the Florida
Statutes, Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA).1
In a bifurcated proceeding, a jury awarded Brown $700 for the damage she
incurred when she had to pay two installment payments on her ca...
...Both of
these claims were dismissed before trial.
2
below granted Bull Motors’ motion for judgment in accordance with its motion for
directed verdict.
The court below subsequently granted declaratory and injunctive relief
pursuant to section 501.211(1) of the Florida Statutes, finding that when Bull
Motors signed Brown’s name to new financing applications with no request for
disability insurance coverage after she had been rejected for financing and
disability insurance, it...
...That order states in pertinent part:
3
ORDERED AND ADJUDGED
A permanent Injunction is hereby entered against the Defendant
(which includes it agents/representatives) as follows:
Pursuant to Fla. Stat. § 501.211(1) and in light of the factual
record, this Court had previously decreed Defendant’s conduct to be
fraudulent, unfair, deceptive and unconscionable and thus a clear
violation of FDUTPA....
...uld conduct its
business and communicate in the future with all of its customers. Id. (vacating
injunction and observing that injunction issued “improperly burdens [defendant’s]
speech more than necessary”).2
2 In fact the very language of section 501.211 suggests enjoining the violating
behavior, rather than mandating behavior:
(1) Without regard to any other remedy or relief to which a person is
entitled, anyone aggrieved by a violation of this part may bring an
ac...
...attempted purchases were subject to third party financing and that the vehicle
being purchased had to be returned if the purchaser was not successful in obtaining
third party financing; and, (b) where financing failed, with a Cancellation Notice
§ 501.211, Fla....
CopyCited 3 times | Published | District Court, S.D. Florida
...etations 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). In addition, the plaintiffs seek relief under Fla. Stat. §
501.211 which authorizes redress for individuals who have been aggrieved or suffered a loss as a result of a "violation of this part." "Violation of this part" is a defined term that means any violation of this act or the rules adopted under this...
CopyCited 3 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 40711, 2007 WL 1655436
...Florida common law trademark infringement follows the same analysis. Gift of Learning Found., Inc. v. TGC, Inc.,
329 F.3d 792, 802 (11th Cir.2003). The Florida Deceptive and Unfair Trade Practices Act also prohibits Distribuidora's conduct. See FLA. STAT. ANN. §
501.211(1)....
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
...“[A]ny 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.” Zlotnick v. Premier Sales Grp., Inc.,
480 F.3d 1281, 1284 (11th Cir.2007) (citing Fla. Stat. §
501.211 (2))....
CopyCited 3 times | Published | District Court, S.D. Florida | 86 Fed. R. Serv. 3d 20, 2013 U.S. Dist. LEXIS 100605
...Mgmt., Inc.,
842 So.2d 773, 777 (Fla.2003) (internal quotation marks omitted). Courts are to construe the FDUTPA liberally. Fla. Stat. §
501.202 . Before 2001, the FDUTPA allowed “a consumer who has suffered a loss as a result of a violation” of the FDUTPA to bring a cause of action. Fla. Stat. §
501.211 (2) (2000). The Florida Legislature amended §
501.211(2) to replace “consumer” with “person” in 2001. Am. Honda Motor Co. v. Motorcycle Info. Network, Inc.,
390 F.Supp.2d 1170, 1176 (M.D.Fla.2005); see also Fla. Stat. §
501.211 (2) (“a person who has suffered a loss as a result of a violation”)....
CopyCited 3 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 114973, 2009 WL 4715853
...s as a result of a violation of this part, such consumer may recover actual damages, plus attorney's fees and court costs." Furmanite America, Inc. v. T.D. Williamson, Inc.,
506 F.Supp.2d 1134, 1145-46 (M.D.Fla. 2007) (emphasis in original) (quoting §
501.211(2), Fla....
CopyCited 3 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 177833, 2015 WL 9688202
...ollowing claims: (1) Violation of the Racketeer Influenced Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962 (c); (2) Violation of RICO, 18 U.S.C. § 1962 (d); (3) Violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.211 (2015); (4) Declaratory Judgment under Florida law; (5) Declaratory Judgment — Fee Note Constitutes Usurious Interest under Florida law; (6) Tortious Interference with Business Relationships under Florida law; (7) Civil Conspiracy under...
CopyCited 3 times | Published | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 14131, 2001 WL 1012572
...According to Plaintiff, the damage relief afforded under the FDUTPA is expressly limited to "consumers." Pl.'s Mot. at 4, 5. Plaintiff argues that Defendants were in the process of selling, not buying, the franchised restaurants at issue, and therefore were not "consumers" as intended by the Act. Pl.'s Reply at 7, 8. Section 501.211 of the Florida Deceptive and Unfair Trade Practices Act provides: "In any individual action brought by a consumer who has suffered a loss as a result of a violation of this part, such consumer may recover actual damages." In light of...
...299, 302-03 (S.D.Fla. 1993). As Plaintiff correctly contends, Defendants in the instant case were not engaged in the purchase of the restaurants but were, instead, trying to sell the restaurants. Thus, they are not "consumers" as required under Fla. Stat. § 501.211....
CopyCited 3 times | Published | District Court, S.D. Florida | 2007 WL 988867
...mages theory. See Eclipse Med., Inc. v. American Hydro-Surgical Instruments, Inc.,
262 F.Supp.2d 1334, 1357 (S.D.Fla.1999) ("FDUTPA offers two types of remedies: equitable relief in the form of declaratory or injunctive relief pursuant to FLA. STAT.
501.211(1) or actual damages pursuant to FLA. STAT.
501.211(2).")....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 23094834
...Issues pertaining to the proof of the alleged deceptive practice and issues relating to causation and damages will be common to all members of the class. Id. at 975. While we question whether Davis gives fair consideration to the principle of causation within section 501.211(2), Florida Statutes (2000), we also find the case distinguishable....
...Laesser,
718 So.2d 276, 277 *295 (Fla. 4th DCA 1998)(reversing a verdict in favor of the plaintiff in a FDUTPA claim upon concluding that "to be actionable an unfair or deceptive trade practice must be the cause of loss or damage to a consumer"); see also §
501.211(2), Fla....
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
...ction for damages based on trademark infringement. Babbit Electronics, Inc. v. Dynascan Corp.,
828 F.Supp. 944, 958 n. 7 (S.D.Fla.1993), aff'd,
38 F.3d 1161 (11th Cir.1994). However, a cause of action exists under that act for injunctive relief. See §
501.211(1), Fla....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida
CopyCited 2 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 81154, 2008 WL 2215059
...re aggrieved by the deceptive act or practice. As correctly noted by defendants, in order to be entitled to relief under FDUTPA, plaintiff must allege that it was aggrieved by an act or practice that constitutes a violation of the Act. See Fla.Stat. § 501.211(1)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 2038249
...While Florida adopted some provisions of the Uniform Act, the legislature did not adopt section 1.103. It is for the legislature, and not the courts, to expand section
83.595 remedies. [2] We find no abuse of discretion in the court's entry of an injunction under section
501.211(1), Florida Statutes (2007)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 47481, 2010 WL 1913123
...7); yet, in the very next line, he conflates the purchase price with the market value of a unit that would only be "delivered" according to the marketing and sales materials two years later. A person who has suffered a loss as a result of a violation of the FDUTPA "may recover actual damages." FLA. STAT. § 501.211(2)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 48922, 2008 WL 2474657
...FDUTPA proscribes any unfair or deceptive acts or practices committed in the conduct of any trade or commerce. Fla. Stat. §
501.204(1). Any person suffering a loss as a result of the statute may commence a private cause of action for actual damages, attorney's fees, and court costs. Fla. Stat. §
501.211....
CopyCited 2 times | Published | District Court, M.D. Florida
...e or commerce.” See ML at *2 (“An FDUPTA claim cannot be asserted against a defendant who is simply collecting s debt.”). Furthermore, Owens-Benniefield fails to allege she incurred actual damages as a result of Nationstar’s unfair acts. See § 501.211(2) (allowing consumers to recover only “actual damages” for a loss incurred as a result of the violation)....
CopyCited 2 times | Published | District Court, S.D. Florida
...To begin with, State Farm is not required to be a "consumer" to allege a FDUTPA claim. That is, "FDUTPA claims are not limited to consumers." Orange Lake Country Club, Inc. v. Castle Law Group, P.C. , 617CV1044ORL31DCI,
2018 WL 1535719 , at *5 (M.D. Fla. Mar. 29, 2018). In fact, amendments to section
501.211(2) in 2001, "indicate[ ] that the [Florida] legislature no longer intended FDUTPA to apply to only consumers, but to other entities able to prove the remaining elements of the claim as well." Caribbean Cruise Line, Inc....
CopyCited 2 times | Published | District Court, S.D. Florida | 37 Media L. Rep. (BNA) 1420, 2008 U.S. Dist. LEXIS 108492, 2008 WL 5971233
...With regard to their FDUTPA claim, however, Plaintiffs argue that equitable injunctive relief is appropriate in cases involving FDUTPA claims. ( See id. ) Indeed, courts in this Circuit have held that "FDUTPA offers two types of remedies: equitable relief in the form or declaratory or injunctive relief pursuant to Fla. Stat. 501.211(1) or `actual damages' pursuant to Fla. Stat. 501.211(2)." See Eclipse Med....
CopyCited 2 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 178151, 2015 WL 10857398
...2699 ,
57 L.Ed.2d 705 (1978)). Finally, Ms. Martorella argues that while Defendants tried to reverse the LPI charges during the course of this litigation, they did not compensate her for any attorneys’ fees, which she claims she is entitled to recover under Fla. Stat. §
501.211 (2)....
...yone aggrieved by a violation of this part may bring an action to obtain a declaratory judgment that an act or practice violates this part and to enjoin a person who has violated, is violating, or is otherwise likely to violate this part. Fla. Stat. § 501.211 (1)....
...arm to the named plaintiffs or to the class of existing Powertel customers. However, this argument appears to be at odds with the applicable remedy provision in the Deceptive and Unfair Trade Practices Act, as well as the general purpose of the Act. Section 501.211(1), Florida Statutes is broadly worded to authorize declaratory and injunctive relief even if those remedies might not benefit the individual consumers who filed the suit....
...lleged violation) and that the violation has occurred, is now occurring, or is likely to occur in the future. Nothing in the statute requires proof that the declaratory or injunctive relief would benefit the consumer filing the suit. This reading of section 501.211(1) is consistent with the overall purpose of the Deceptive and Unfair Trade Practices Act....
CopyCited 2 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 48541, 2010 WL 342256
...A; a declaratory judgment that the Developer's failure to comply with ILSFDA and Florida Statutes Chapter 718 constitute violations of FDUTPA; and the return of her deposit. Plaintiff also seeks attorney's fees and costs pursuant to Florida Statutes § 501.211(2)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 130147, 2012 WL 3893772
...Because Nationwide was providing a service to American Express, Plaintiff reasons that FDUTPA applies. Though Plaintiff was not the recipient of the service, the 2001 statutory amendment to FDUTPA changed the holder of a right of action from “consumer” to “anyone aggrieved by a violation of [FDUTPA].” See § 501.211, Fla....
...n trade or commerce between themselves. The Court agrees with this proposition. However, to make a FDUPTA claim, Plaintiff must allege that she was a person aggrieved by unfair practices arising out of their “trade or commerce” relationship. See § 501.211, Fla....
CopyCited 1 times | Published | District Court, S.D. Florida | 2010 WL 4136306
...among all that may have absorbed a part of it.") (internal citations omitted). However, Indirect Purchaser Plaintiffs may seek damages under the FDUTPA. See Mack v. Bristol-Myers Squibb Co.,
673 So.2d 100, 105 (Fla. 1st DCA 1996) ("A fair reading of section
501.211 reveals no intention by the legislature to limit suits for price-fixing to direct purchasers only.")....
CopyCited 1 times | Published | District Court, M.D. Florida | 2016 WL 2758889, 2016 U.S. Dist. LEXIS 62855
...Google moves to dismiss plaintiffs FDUPTA claim for lack of standing because e-ventures is not a consumer of Google’s services and for failure to state a FDUPTA claim. (Doc. #78, pp. 15-17.) In 2001, the Florida legislature amended the FDUPTA statute, replacing “consumer” with “person.” Fla. Stat. § 501.211 ....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 6624, 2004 WL 1057794
...reinstatement in her employment and the recovery of monetary damages related to the loss of her employment. FDUTPA authorizes a person “who has suffered a loss” as a consequence of a violation of the statute to recover “actual damages.” See § 501.211(2)....
...Helms Exterminators, Inc.,
468 So.2d 451, 454 (Fla. 1st DCA 1985)(holding that FDUTPA allows recovery for diminished value of goods received but does not authorize recovery of special or consequential damages). Although Smith is asking for injunctive relief, which is authorized under section
501.211(1), the relief she requests here is reinstatement to her employment position....
CopyCited 1 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 45613, 2012 WL 1103279
...al, oppressive, unscrupulous or substantially injurious to consumers.” Washington v. LaSalle Bank Nat’l Ass’n.,
817 F.Supp.2d 1345, 1350 (S.D.Fla.2011). Further, causation must be direct, rather than remote or speculative. See e.g., Fla. Stat. §
501.211 (2) (“In any action brought by a person who has suffered a loss as a result of a violation of this part ......
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1791705
...damage to their homes. Under FDUTPA, damages must be measured by the reduction in value of the agreements caused by the deceptive or unfair acts or practices. See id.; Orkin Exterminating Co. v. Petsch,
872 So.2d 259 (Fla. 2d DCA 2004) (holding that section
501.211 allows consumers to recover damages for only the diminished value of the services received)....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...od to arrange financing, but ultimately failed to
raise the necessary capital. DUSA kept the non-refundable deposit and Nieman sued for its
return under the Florida Deceptive and Unfair Trade Practices Act (DUTPA), FLA. STAT. ANN.
§§
501.201 to
501.211 (West 1994)....
...§
501.203(3)(a) (West 1994). The FTC Franchise Rule was promulgated pursuant to the Federal
Trade Commission Act, 15 U.S.C. § 41 et seq. See 16 CFR § 436 (1998). The DUTPA also
creates a private cause of action where none exists under federal law. FLA. STAT. ANN. §
501.211 (West 1994)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 130127, 2009 WL 7115133
...ely denied class certification. Id. at 53 . . Defendants also emphasize the language of FDUTPA: "In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages.” Fla. Stat. § 501.211 (2) (Defendants’ emphasis)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 2487, 2003 WL 431633
...ing Act, 15 U.S.C. § 1601, et seq. ("TILA") against Bill Heard, Florida Motor Vehicle Retail Sales Finance Act claims, Fla. Stat. §
520.01, et seq. ("Section 520") against Bill Heard, Florida Deceptive and Unfair Trade Practices claims, Fla. Stat. §
501.211 ("FDUTPA") against Bill Heard, and for restitution against all Defendants....
CopyCited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 102690, 2008 WL 5334119
...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"). 343. Injunctive relief is an appropriate remedy for a FDUTPA violation. Fla. Stat. §
501.211....
CopyCited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 64144, 2008 WL 3927223
...With the deletion of consumer transaction from FDUTPA, it would seem that such business entity consumers could sue for damages from outlawed acts and practices in ordinary business transactions without regard to whether the claimant was acting in the capacity of consuming goods or services. At least, nothing in section 501.211(2) purports to state otherwise....
CopyCited 1 times | Published | District Court, N.D. Florida | 2010 U.S. Dist. LEXIS 100533, 2010 WL 3637566
...d faith and fair dealing. V. The Deceptive and Unfair Trade Practices Act The Florida Deceptive and Unfair Trade Practices Act ("FDUTPA") creates a private right of action in favor of a person who is injured by a violation of the act. See Fla. Stat. § 501.211....
CopyCited 1 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 175602, 2015 WL 9915879
...tive 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 enjoin a party that has violated, is violating, or is likely to violate FDUTPA); section 501.211(2)(any action brought by an aggrieved party, wherein such party has suffered a loss as a result of violation of FDUTPA, such party may recover actual damages, plus attorneys’ fees and court costs)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 37717, 2010 WL 1510848
...These cases determined that non-consumers may sue under FDUTPA because of a 2001 amendment to the statute. See id. In 2001, the Florida Legislature replaced the word "consumer" with the word "person." See 2001 Laws of Fla. ch. 2001-39 § 6 (amending § 501.211(2) as described)....
...For example, see Chief Judge Moreno's opinion in Kelly,
681 F.Supp.2d at 1373 (affirming and adopting report of United States Magistrate Judge Edwin G. Torres); see also Niles Audio Corp. v. OEM Sys. Co., Inc.,
174 F.Supp.2d 1315, 1320 (S.D.Fla.2001) (holding competitor could seek damages under newly amended §
501.211(2)); N....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 26 Fla. L. Weekly Fed. B 179, 2016 Bankr. LEXIS 3797
...unscrupulous”. Hucke v. Kubra Data Transfer Ltd., Corp.,
160 F.Supp.3d 1320 (S.D.Fla. 2015)(citations omitted). Plaintiff, as the Chapter 11 Trustee of the Master Association, is “anyone aggrieved by a violation” as defined by Florida Statute
501.211(1)....
...Horton engaged in these immoral, unethical, oppressive, and unscrupulous acts and omissions, which offend established public policy for its financial benefit. Plaintiff, as the Chapter 11 Trustee of the Master Association is also a “person” that has “suffered a loss” as defined by Florida Statute 501.211(2), in that he, on behalf of all creditors of the estate, has incurred damages resulting from D.R....
CopyPublished | District Court, S.D. Florida
...d its market value in the condition in which it should have been delivered according to the contract of the parties." ADT LLC v. Vivint, Inc. , No. 17-CV-80432,
2017 WL 5640725 , at *5 (S.D. Fla. Aug. 3, 2017) (internal citation omitted); Fla. Stat. §
501.211 ....
CopyPublished | Florida 3rd District Court of Appeal
...inst Avant on Aquastar’s FDUTPA
claim, the Amended Final Judgment does not adjudicate any “actual
damages” occasioned by Avant’s alleged FDUTPA violation. Aquastar’s
FDUTPA claim against Avant is a statutory cause of action premised on
section 501.211(2)....
...of this part, such person may recover actual damages, plus attorney's fees
16
and court costs as provided in s.
501.2105.” (Emphasis added.)14 Despite
such “actual damages” being an essential element of a FDUTPA claim
brought pursuant to section
501.211(2), nowhere in the Amended Final
Judgment does the trial court make a finding of any “actual damages”
Aquastar suffered as a result of Avant’s alleged FDUTPA violation.
Because Aquastar, as the proponent of this FDUTPA...
...otion, Aquastar’s
rehearing motion did not seek to correct or clarify the issues we have
identified with regard to its FDUTPA claim against Avant, nor has Aquastar
cross-appealed the Amended Final Judgment in this regard. Therefore, we
14
Section 501.211(1) provides for a statutory declaratory judgment, wherein
a party may seek a declaration from a court that a particular activity or
conduct is violative of FDUTPA. Aquastar’s counterclaim did not seek
declaratory relief under section 501.211(1) but sought only damages under
subsection (2).
17
reverse the Amended Final Judgment to the extent that it purported to enter
judgment against Avant on Aquastar’s FDUTPA claim.
E....
CopyPublished | Court of Appeals for the Eleventh Circuit
...in Florida, that he
and the other class members “purchased and consumed [Bombay]
in Florida” and that, as a result, they were damaged. Marrache as-
serted claims under FDUTPA for damages and for declaratory and
injunctive relief, see Fla. Stat. § 501.211, alleging that Defendants
had “engaged in unfair methods of competition, unconscionable
acts or practices, and unfair or deceptive acts or practices in the
conduct of its trade or commerce” by adulterating Bombay with
grains of paradis...
...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 | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 25316, 2002 WL 31956277
...Co.,
173 F.3d 725, 734 (9th Cir.1999); Seven-Up Co. v. Coca-Cola Co.,
86 F.3d 1379, 1384 (5th Cir.1996). [4] See Big Tomato v. Tasty Concepts, Inc.,
972 F.Supp. 662, 664 (S.D.Fla.1997) (competitors may seek injunctive relief, but not damages, under Fla. Stat. §
501.211(1)); Del Monte Fresh Produce Co....
...Dole Food Co., Inc.,
136 F.Supp.2d 1271 (S.D.Fla.2001) (Denying defendant's motion to dismiss complaint seeking "injunctions and a declaration by the court that [defendant] has engaged in unfair and deceptive trade practices," which was held to be adequately pleaded under Fla. Stat. §
501.211(1))....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 8667
...t its FDUTPA claims. At least one court has agreed with this general argument. See Tampa Bay Storm, Inc. v. Arena Football League, Inc.,
1998 WL 182418 (M.D.Fla. Mar.19, 1998). Here, in dismissing GT&T’s FDUTPA claims, the district court cited §
501.211(2) of the Act, which states, “In any individual action brought by a consumer who has suffered a loss as a result of a violation of this part, such consumer may recover actual damages.” The court reasoned that although the definition of...
...Furthermore, even though the 1998 amendments expanded the law’s protection to both “the consuming public at large” and “legitimate business enterprises,” the language of the statute still only permitted “consumers” to bring actions seeking monetary relief. 5 Fla. Stat. § 501.211 (2) (West 1997)....
...wrong. We treat GT&T’s references to "unjust enrichment” as requests for restitution, understanding that the defendants’ wrong is the basis for the obligation. . Order on Defs.' Rule 50 Mot. Concerning Pl.’s FDUTPA Claim, at 2. . Unlike § 501.211(1), which permitted "anyone aggrieved by a violation" of the Act to bring an action for a declaratory judgment that an act or practice violates the Act, claimants seeking actual damages had to be "consumers.” See Fla. Stat. § 501.211 (2) (West 1997)....
CopyPublished | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 60335
...ions 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). In addition, the plaintiffs seek relief under Fla. Stat. §
501.211 which authorizes redress for individuals who have been aggrieved or suffered a loss as a result of a “violation of this part.” “Violation of this part” is a defined term that means any violation of this act or the rules adopted und...
CopyPublished | District Court, S.D. Florida | 2017 U.S. Dist. LEXIS 32281, 2017 WL 2366472
...In their Complaint, Plaintiffs alleged the following claims: (1) Violations of RICO under 18 U.S.C. § 1962 (a); (2) Violations of RICO under 18 U.S.C. § 1962 (c); (3) Violations of RICO under 18 U.S.C. § 1962 (d); (4) Violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.211 ; (5) Declaratory Judgment; (6) Declaratory Judgment (LCTI Repayment Note Constitutes Usurious Interest under Florida law); (7) Tortious Interference with Business Relationships; (8) Civil Conspiracy; (9) Concert of Action; (10) Breach of...
...On September 24, 2015, Plaintiffs filed their First Amended Complaint. D.E. 24. Plaintiffs alleged the following claims: (1) Violations of RICO under 18 U.S.C. § 1962 (c); (2) Violations of RICO under 18 U.S.C. § 1962 (d); (3) Violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.211 ; (4) Declaratory Judgment; (5) Declaratory Judgment (LCTI Repayment Note Constitutes Usurious Interest under Florida law); (6) Tortious Interference with Business Relationships; (7) Civil Conspiracy; (8) Concert of Action; (9) Breach of I...
...70, In their Second Amended Complaint, Plaintiffs asserted the following claims: (1) Violations of RICO under 18 U.S.C. § 1962 (c); (2) Violations of RICO under 18 U.S.C. § 1962 (d); (3) Violation of Florida’s Deceptive and Unfair- Trade Practices Act, Fla. Stat. § 501.211 ; (4) Declaratory Judgment; (5) Declaratory Judgment (LCTI Repayment Note Constitutes Usurious Interest under Florida law); (6) Tortious Interference with Business Relationships; (7) Civil Conspiracy; (8) Concert of Action; (9) Breach of Implied Covenant of Good Faith and Fair' Dealing; and (10) Unjust Enrichment....
CopyPublished | Florida 4th District Court of Appeal
...Courts are split as to whether an individual or business
must be a consumer in order to bring a valid FDUTPA claim.
3
The main focus on the consumer inquiry, and whether an entity must
be a consumer in order to have standing to bring a FDUTPA claim, involves
the 2001 amendment to section 501.211(2), Florida Statutes. Prior to
2001, section 501.211(2) read:
In any individual action brought by a consumer who has
suffered a loss as a result of a violation of this part, such
consumer may recover actual damages, plus attorney’s fees
and court costs as provided in s....
...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.
§ 501.211(2), Fla....
...However, damages, fees, or costs are
not 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.
§ 501.211(2), Fla....
...ates an intent
to allow a broader base of complainants . . . to seek damages”
under FDUTPA. Niles Audio Corp. v. OEM Sys. Co., Inc.,
174
F.Supp.2d 1315, 1320 (S.D.Fla.2001) (competitor could seek
damages under newly amended §
501.211(2)); see also North
Amer....
...mages actions unless they
involve transactions in which the business entity was itself acting as a
consumer.”
890 So. 2d at 278 (emphasis added). However, although the
decision issued in 2004, the analysis in the case was as to the 1993 version
of section
501.211(2), and the two cases we mentioned were both decisions
issued prior to the 2001 amendment of the statute. Id. Since this holding
was based on the state of the law prior to the 2001 amendment to section
501.211(2), the basis of that holding is no longer applicable based on our
analysis of the statute as amended.
Second, is our supreme court’s definitions of “unfair practice” and
“deception” in conjunction with the first element of a FDUTPA claim....
...at an
entity does not have to be a consumer in order to have standing to bring a
FDUTPA claim, and we reverse as to the second ground for dismissal used
by the trial court. In support of this holding, we rely on the legislature’s
2001 amendment to section 501.211(2), defining who may bring the claim.
Having reversed the trial court’s order dismissing Caribbean Cruise’s
motion to dismiss on both grounds, we remand the case for proceedings
consistent with this opinion.
Affirmed in pa...
CopyPublished | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 8710, 1993 WL 221181
...or other disposition of an item of goods, a consumer service, or an intangible to an individual for purposes that are primarily personal, family, or household....” Fla.Stat. §
501.203(1). The remedy available to any consumer bringing an individual action is actual damages. Fla.Stat. §
501.211(2)....
...Moreover, the amount of damages which National would recover under the state claim equals the amount allegedly due under the plan. As discussed earlier, the damages available to an individual consumer under the Florida Act are actual damages. Fla.Stat. § 501.211(2)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 16, 2022
...Act by providing two private rights of action. Anyone “aggrieved
by a violation of” the FDUTPA can bring a declaratory judgment
action and enjoin a “person who has violated, is violating, or is oth-
erwise likely to violate” the FDUTPA. Id. § 501.211(1)....
...While pri-
vate, this cause of action is still forward-looking. Additionally,
someone “who has suffered a loss as a result of a violation of” the
FDUTPA “may recover actual damages, plus attorney’s fees and
court costs.” Id. § 501.211(2)....
...That makes no sense.
The FTC Act only allows for forward-looking relief (ini-
tially) pursued by an arm of the government. See supra part I.A.
The FDUTPA, however, allows for damages through a private
right of action. Fla. Stat. § 501.211(2)....
CopyPublished | Florida 4th District Court of Appeal
...Arrigo Enters., Inc.,
266 So. 3d 207, 212
(Fla. 4th DCA 2019); Dorestin v. Hollywood Imports, Inc.,
45 So. 3d 819,
824–25 (Fla. 4th DCA 2010) (“Proof of actual damages is necessary to
sustain a FDUTPA claim.”). Pursuant to the plain wording of section
501.211(2), Florida Statutes (2000), which provides remedies for FDUTPA
violations: “In any action brought by a person who has suffered a loss as
3
a result of a violation of this part, such person may recover actual
damages, plus attorney’s fees and court costs ....
...lue or worth of the goods
or services purchased by the consumer.” Urling v. Helms Exterminators,
Inc.,
468 So. 2d 451, 454 (Fla. 1st DCA 1985).
In any action brought by a person who has suffered a loss as a result
of a violation of this part, section
501.211 “entitles a consumer to recover
damages attributable to the diminished value of the goods or services
received, but does not authorize recovery of consequential damages to
other property attributable to the consumer’s use of such goods or
services.” Fort Lauderdale Lincoln Mercury, Inc....
CopyPublished | District Court, S.D. Florida
...able price of title insurance.” 18 The plaintiffs then ask for leave to “plead over” should the Court find that Count 5 is barred by the filed rate doctrine. The reason for the plaintiffs’ posture is evident from an examination of Fla. Stat. § 501.211 (2), upon which Count 5 is predicated. Section 501.211 provides for the recovery of “actual damages,” thereby requiring such a comparison....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14046
...Following a hearing which consisted only of arguments of counsel, the court denied the motions to strike and to dismiss but granted the motion to require a bond and set the amount of the bond at $10,000. The motion to set bond was made pursuant to Section 501.211(3), Florida Statutes (1977), which provides: In any action brought under this section, upon motion of the party against whom such action is filed alleging that the action is frivolous, without legal or factual merit, or brought for th...
CopyPublished | Florida 3rd District Court of Appeal
...what was
being charged, and units were desirable, were “nothing more than opinion or
puffery”); Fineman v. Ferragamo USA Inc.,
672 F. Supp. 3d 1302, 1311-13
(S.D. Fla. 2023) (holding that in a FDUTPA claim, “puffery” is not actionable);
§
501.211(2), Fla....
CopyPublished | District Court, M.D. Florida | 1983 U.S. Dist. LEXIS 10417
...and Loan Ass’n v. Orondorff
678 F.2d 1034, 1035 (11th Cir.1982). 5. The plaintiff is not entitled to relief on the claim asserted in Count Five of the complaint. It is the opinion of this court that trademark and trade name infringement is not actionable under §
501.211, Fla.Stat.1983....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Sep 20, 2023
attorney’s fees and court costs. Fla. Stat. §
501.211(2). To assert a claim under FDUTPA, a plaintiff
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 5, 2024
...FDUTPA provides that “[i]n any action brought by a
person who has suffered a loss as a result of a violation of [the stat-
ute], such person may recover actual damages, plus attorney’s fees
and court costs.” Fla. Stat. § 501.211(2)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...ed acts. Id. §
501.202(2). The statute
provides a private right of action for any “person who has suffered a loss as a result of a
violation of this part,” permitting recovery of “actual damages, plus attorney’s fees and court
costs,” id. §
501.211(2), as well as allowing for declaratory judgments and injunctions, id. §
501.211(1)....
CopyPublished | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 58449, 2012 WL 1229454
...§ 1201 ; trafficking in circumvention technology; tortious interference with a contractual right in violation of Florida common law; conspiracy to induce breach of contract; civil conspiracy; unjust enrichment and violations of FDUTPA ( Fla. Stat. § 501.211 )....
CopyPublished | District Court of Appeal of Florida
definition of term “unfair trade practice”). 9 Section
501.211, Florida Statutes, provides the following remedies
