The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a consumer-protection statute designed to protect the public and legitimate businesses from unfair methods of competition, as well as deceptive or unfair acts or practices in the conduct of trade or commerce. The statute is codified in Chapter 501, Part II of the Florida Statutes, and it is intended to be construed broadly to promote fairness, honesty, and ethical standards in the marketplace. FDUTPA applies to most business activities in Florida, including the sale of goods, services, real estate transactions, advertising, and marketing practices.

Under FDUTPA, a deceptive act or practice generally involves a representation, omission, or practice that is likely to mislead a consumer acting reasonably under the circumstances. Importantly, the law does not require proof that the business intended to deceive the consumer; instead, the focus is on the effect of the conduct on the consumer. An unfair practice, on the other hand, is conduct that offends established public policy or is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers. Many actions may qualify as both deceptive and unfair, and courts often analyze these concepts together.

To establish a claim under FDUTPA, a plaintiff typically must prove three elements: (1) a deceptive or unfair act or practice, (2) causation, and (3) actual damages. The deceptive or unfair conduct must have occurred in the course of trade or commerce, and there must be a direct connection between the conduct and the plaintiff’s damages. FDUTPA does not allow recovery for speculative losses; instead, damages are usually measured by the difference between the value of what was promised and what was actually received.

FDUTPA provides remedies for both private individuals and the State of Florida. Consumers may bring private lawsuits to recover actual damages and, in some cases, reasonable attorney’s fees and court costs. While FDUTPA does not generally permit recovery of punitive damages or damages for emotional distress, prevailing parties—whether plaintiffs or defendants—may be entitled to attorney’s fees, which can significantly impact litigation strategy. In addition, courts may grant declaratory or injunctive relief to stop ongoing deceptive or unfair practices.

The Florida Attorney General has broad enforcement authority under FDUTPA and may investigate suspected violations, issue subpoenas, and file lawsuits on behalf of the public interest. The Attorney General may seek injunctive relief, civil penalties, restitution for consumers, and other equitable remedies. This enforcement mechanism allows the state to address widespread or systemic misconduct that affects large numbers of consumers.

FDUTPA contains several statutory exemptions and limitations. Certain regulated industries and activities may be exempt if they are specifically permitted by federal or state law or regulated by another governmental agency. For example, conduct that complies with rules or orders of a regulatory body may fall outside FDUTPA’s scope. These exemptions are often heavily litigated and can be a key defense for businesses facing FDUTPA claims.

Overall, FDUTPA plays a central role in Florida consumer and business litigation by offering a flexible and powerful framework to address deceptive and unfair business practices. Its broad application, relatively plaintiff-friendly standards, and availability of attorney’s fees make it a frequently invoked statute in disputes involving consumer transactions, advertising practices, insurance claims, construction and contractor disputes, and real estate matters throughout Florida.