The American commercial landscape – both in Florida and nationally – is uniformly brisk and competitive. And that is hardly surprising, is it? The United States has been a business-oriented country from its inception and leads the world financially as a capitalist superpower.
That status implies certain things about the business realm and marketplace. Foremost perhaps is the reality that the commercial realm is a tough environment where creative and proactive participants are rewarded while many of their rivals do not long survive.
This too is a fundamental truth concerning the commercial sphere: The business realm must have some base level of integrity and guaranteed protections for participants and consumers regarding systemic good faith and fair dealing.
Put another way: Business principals must not cheat or engage in deceptive practices that yield unfairly gained competitive advantage. There must be a recognized canon of rules and legal expectations that help ensure public protection against business misrepresentations and misleading actions.
Protecting against unlawful business behavior in Florida
Both federal and state laws safeguard against a multitude of business wrongs through the enactment of statutory laws addressing wide-ranging commercial misconduct.
Florida’s cornerstone legislation addressing problematic business behavior is the Florida Deceptive and Unfair Trade Practices Act. Understandably, that lengthy notation customarily gets a shorthand moniker, namely the acronym FDUTPA.
A proven Florida legal source on business law notes the key thrust of the Act. FDUTPA “operates to protect consumers from unscrupulous business practices such as unfair methods of competition, unconscionable acts or practices and unfair or deceptive acts or practice in the conduct or trade of a business.”
That is a broad mandate, to be sure. It covers behaviors ranging from false advertising and so-called “bait and switch” tactics to vehicle odometer tampering, warranty misinformation and more.
Remedies for violation of the FDUTPA
A party alleging an unfair trade practice – e.g., a consumer, group of consumers or business entity – can seek money damages, an injunctive remedy and additional outcomes geared toward establishing accountability and a just outcome.
An experienced business law legal team can provide candid guidance and diligent representation to either a business being sued in an FDUTPA matter or to a party alleging a legal violation of the statute.