Miami FDUTPA Lawyer (Deceptive & Unfair Trade Practices Act)
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) can be found in Florida Statutes 501.201-501.213. This law protects consumers (and competing businesses) from a wide range of false and misleading tactics designed to trick a customer into paying more for goods and services than was advertised, or into paying for goods and services that they never received. Let’s face it. There are a lot of unscrupulous businesses out there who don’t think twice about fleecing their customers and even outright lying to them. If you think you’ve been tricked or treated unfairly by a Miami business, call the Miami FDUTPA lawyers at Jacobs Legal, PLLC to fight back. We work hard to make sure our customers get what they deserve, and that dishonest businesses get what they deserve as well!
Our Experienced FDUTPA Lawyers Will Help You Prove Your Case
The FDUTPA is a strong law in favor of consumer rights, and it is meant to be generously interpreted in favor of the public and legitimate businesses. Even so, as the injured consumer you will still have to prove your case in order to recover money damages for the harm done to you. This means you have to prove a material misrepresentation or omission that affected your decision to purchase, and your own conduct is judged against a “reasonable consumer” standard. Our Miami consumer rights lawyers invest the time and effort needed to build a strong case against crooked business owners and employees.
We Know about All types of Tricky Business Practices
The FDUTPA outlaws unlawful acts and practices, unfair methods of competition, and unconscionable acts or practices. The law does not give specific examples of the types of conduct that are unlawful under the Act, but our lawyers have encountered many different kinds of deceptive practices in our years of standing up for consumers. Some common tactics shady businesses engage in that could violate the law include:
- “Bait and Switch” or other false or misleading advertising
- Misrepresenting used goods as new
- Falsely claiming that a vehicle or product is in need of repair or replacement
- Slipping improper or undisclosed fees into a bill or contract
- Adding unauthorized charges onto a phone bill (cramming)
- Delivering goods that were not ordered and billing unless customer declines (negative options)
- Price gouging after a hurricane, flood or during a state of emergency
- Salespeople misrepresenting their authority to negotiate terms or close a sale
- Deceptively placing ads or sponsored content among actual news items in online marketing
In some courts, unlawful debt collection practices are also covered under the FDUTPA. In any case, unfair debt collection is also prohibited by other laws, such as the FDCPA and the Florida Consumer Collections Act. If you are experiencing problems with a collections agency, our comprehensive consumer rights lawyers will find the right law that applies to your situation and put an end to those abusive practices.
Watch out for Serial Abusers of Consumer Rights
Any business could engage in deceptive or unfair practices, but some Florida industries seem more prone to abuse than others. These include:
- Sellers of travel packages
- Resellers of timeshares
- Sellers and installers of flooring
- Sellers of prepaid calling cards
- For-profit schools
- Debt relief agencies
- Data security firms
- Automotive sales and service centers
Recover for the Harm Done to You, at No Cost to You
As a private citizen, the FDUTPA authorizes you to bring a legal action against a dishonest business, where you can have a judge declare that the business’ activities were unlawful. If you are successful, you can recover any actual damages done to you, such as the difference in price between what you paid and what you should have paid. In addition, the other party will be forced to pay your attorney’s fees and court costs, so it won’t cost you anything to pursue justice and hold businesses accountable for their fraudulent practices.
Don’t let yourself be taken advantage of by dishonest and unscrupulous business practices. Call the Miami consumer protection lawyers at Jacobs Legal, PLLC at 305-358-7991, and find out how we can help you stand up for your rights.