In Florida, commercial law governs business and trade activities, including contracts, sales, secured transactions, corporate formation, and general business practices. These laws establish the rules for how businesses operate, outlining obligations in commercial transactions, the rights of creditors, and procedures for resolving disputes. For instance, Florida’s commercial statutes regulate contracts for the sale of goods, leases, and financing agreements, providing predictability in business dealings and legal remedies when parties fail to meet their obligations.

Closely connected to commercial law are Florida’s consumer protection laws, which are designed to shield individuals from unfair, deceptive, or abusive business practices. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) serves as the cornerstone of these protections, prohibiting false advertising, misrepresentation, and other forms of unfair conduct. Additional laws regulate areas such as debt collection, telemarketing, price gouging, home solicitation sales, and automobile transactions.

Attorney Eliot Dempsey and The Dempsey Law Firm guide both businesses and consumers through this complex legal landscape. For businesses, they ensure compliance with commercial regulations and advise on contractual and transactional matters. For consumers, they help enforce rights under Florida’s consumer protection laws, pursuing remedies against unfair or deceptive practices. By providing experienced legal representation, Attorney Eliot Dempsey and The Dempsey Law Firm help balance the rights of businesses to operate efficiently with the rights of consumers to be treated fairly. Our services include regulatory complaints, statutory notices, and civil litigation when necessary, ensuring clients are fully protected under Florida law.

FAQ SECTION - CONSUMER PROTECTION

What is FDUTPA and who does it protect?

FDUTPA stands for the Florida Deceptive and Unfair Trade Practices Act. It protects Florida consumers and businesses from unfair methods of competition, unconscionable acts, and deceptive practices in the conduct of trade or commerce. If a business misleads you, uses false advertising, engages in bait-and-switch tactics, or otherwise acts deceptively, you may have a claim under FDUTPA. Successful FDUTPA plaintiffs can recover actual damages and attorney's fees — meaning you may be able to pursue a case without any upfront cost if the violation is clear.

What qualifies as a "lemon" under Florida's Lemon Law?

Under Florida's Lemon Law (Chapter 681), a new motor vehicle qualifies as a "lemon" if it has a defect or condition that substantially impairs its use, value, or safety, and that defect is not repaired after a reasonable number of attempts by the manufacturer's authorized dealer. Generally, this means the same problem has been repaired three or more times without success, or the vehicle has been out of service for 30 or more cumulative days within 24 months of delivery. Florida's Lemon Law requires a mandatory arbitration process before you can file suit, and the manufacturer may be required to replace the vehicle or provide a full refund.

Can I sue a used car dealer in Florida for misrepresentation?

Yes. While Florida's Lemon Law only covers new vehicles, used car buyers have protections under FDUTPA and common law fraud. If a dealer misrepresented the condition of a vehicle, concealed prior damage, rolled back the odometer, or failed to disclose material defects, you may have a valid claim. You may be entitled to rescind the contract, recover damages, and in some cases recover attorney's fees. The key is acting quickly — evidence of the dealer's misrepresentation can disappear, and statutes of limitations apply.

What can I do about unwanted spam text messages in Florida?

If you receive unsolicited commercial text messages in Florida, you may have a claim under both the federal Telephone Consumer Protection Act (TCPA) and Florida's Telemarketing Act. The TCPA allows for statutory damages of $500–$1,500 per text message sent in violation of the law, which can add up quickly if you received multiple messages. You do not need to show actual financial harm — the violation itself is sufficient. These cases are often handled on a contingency basis, meaning no upfront cost to you. An attorney can evaluate whether the texts you received violated applicable law.