Deceptive And Unfair Trade Practices

Was Your Business Harmed By Another Company’s Unethical Practices?

Our team of attorneys is highly skilled and experienced in litigation. One of our lawyers is also a certified mediator and qualified arbitrator who is well-known and respected for his effectiveness and communication skills. Whether your claim can be resolved using alternative dispute resolution methods or requires traditional litigation, Saavedra-Goodwin is the easy choice for representation.

Unfair Practices Hurt Consumers And Other Businesses

Consumers are often the victims needing protection under the FDUTPA. However, unscrupulous businesses also harm honest competitors and other businesses. The FDUTPA prohibits practices such as:

• False advertising and misrepresentation of services: Businesses are guilty of this if they make promises or guarantees they have no intention of keeping, claim products/services are better than they actually are, withhold critical information or use deceptive pictures and images to get sales.
• Misrepresentation of warranty: Claiming a product or service is guaranteed for longer than it actually is or includes more coverage than it actually does.
• Bait-and-switch: Getting customers in the door with the promise of very low prices, then charging them more or switching for a more expensive product.

Sometimes, other businesses are the “customers” who have been harmed by these unethical practices. Some breach of contract claims are, in fact, FDUTPA claims. However, even when the primary victims are regular consumers, such practices harm other businesses through unfair competition. They lure away would-be customers with offers that are too good to be true and erode consumer trust in all similar businesses.

What Are The Possible Damages Under The Florida Deceptive And Unfair Trade Practices Act?

If you are an individual harmed by such actions, Florida’s deceptive trade practices law allows you to seek remedies, including damages, through a legal suit.

While the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) doesn’t explicitly define the term, Florida courts interpret compensatory damages broadly. Traditionally, actual damages have been measured as the difference between the market value of the product or service as it should have been delivered and its value in the condition in which it was actually delivered.

This “difference in market value” measure is not the only type of damage available under FDUTPA. Recent legal interpretations suggest that other forms of compensatory damages may also be recoverable, depending on the specific circumstances of your case.

Even if your case is unique, the FDUTPA can offer significant protection for your potential recoverable damages, including:

• Out-of-pocket expenses: Costs from deceptive practices
• Consequential damages: Direct losses like lost profits
• Rescission and restitution: Cancel the transaction and get a refund
• Attorneys fees: Covers legal costs for winners

Even though FDUTPA is a legal game changer for many people, it does have certain limitations on recoverable damages. It excludes claims for personal injury or death. Recoverable damages are limited to the product itself and do not extend to other property affected during the transaction. With our vast legal knowledge, we can help you determine the best legal course of action.

Let Us Help You Hold Another Business Accountable For Unfair Trade Practices

If your business suffered damages because a competitor or other company violated the Florida Deceptive and Unfair Trade Practices Act, our attorneys are ready to help you seek all available legal remedies.

A successful claim will establish the following three elements:

• Another business engaged in unfair practices and/or deceptive acts
• Your business was harmed as a direct result of those unfair/deceptive practices
• Your business suffered actual damages, often (but not always) in the form of lost profits

These cases are often much more complex than the summary above would suggest. They are best litigated with the help of attorneys who have an in-depth knowledge of the law and decades of courtroom experience.

Reach Out Today For Tailored Representation And Advice

Based in Fort Lauderdale, Saavedra-Goodwin serves clients throughout South Florida. To schedule your initial consultation, call us at (954) 767-6333 or submit an online contact form.

Damaso Saavedra

Mr. Saavedra is the managing partner of the firm, which he established in 1988. Born in Havana, Cuba, Mr. Saavedra is fluent in English and Spanish. He received his B.A. in 1979 from the University of Connecticut and his J.D. in 1986 from the George Washington National Law Center. Mr. Saavedra has served as Secretary and Director for the Inter-American Businessmen Association and co-authored “An Introduction to the Settlement of Unresolved Property Claims against the Cuban Government.” Mr. Saavedra also served as Staff Assistant for Congressman William Lehman in Washington, D.C. [ ATTORNEY BIO ]