Who is allowed to sue as a “consumer” under Florida’s Unfair Trade Practices Act?
Almost anyone who is the victim of an unfair or deceptive business practice in Florida can pursue a lawsuit. Specifically, Florida law defines a “consumer” as: “an individual; child, by and through its parent or legal guardian; business; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; any commercial entity, however denominated; or any other group or combination.” Florida consumer rights attorneys help you to receive financial damages if you are qualified.
Do I have to prove that a company intentionally deceived or misled me?
No. Under Florida’s Unfair Trade Practices Act, a business owner does not have to intentionally deceive consumers in order to be found guilty of unfair business practices. Conduct that is deemed unfair is illegal regardless of intent. This distinction is made out of an effort to encourage higher levels of accountability among businesses, who might otherwise remain willfully oblivious to unfair business practices within their company.
What damages am I entitled to in a deceptive business practice case?
If a business has been deceptive in its trade practices to you, or if it has engaged in unfair methods of competition, you can sue for the following types of damages:
- Injunctive relief to prevent and retrain violation
- Treble damages
- Lost profits
- Attorney fees and court costs
- General damages
If you are unsure whether or not you have a case, simply contact us today for a free consultation. We can review the relevant facts in your case and determine whether or not you have a viable claim.
If I am the victim of a deceptive or unfair business practice, can I file a lawsuit immediately?
Before you can file a lawsuit under the Unfair Trade Practices Act, you will need to send a certified letter to the person or company you purchased goods or services from, demanding your money back within 30 days. If they do not comply, or if there is no response, you can take legal action.
If you have further questions about deceptive and unfair business practices in Florida, please contact the experienced attorneys at Colling, Gilbert, Wright & Carter today for a free initial consultation. Our firm serves clients throughout the Orlando, Florida area.