Tampa Unfair Business Practices Attorney
The FDUTPA, or the Florida Deceptive and Unfair Trade Practice Act, is a set of state laws that protect both businesses and consumers from unethical practices, unfair competition methods, or acts of deception while any commerce or trade is being conducted. The FDUTPA is very similar to the Federal Trade Commission Act (FTCA), but there are slight differences. Both sets of laws prohibit illegal or unfair trade practices. However, while the FTCA only allows the Federal Trade Commission to take action, the FDUTPA allows individuals to take private legal action. Below, our Tampa unfair business practices attorney explains the types of action you can take and other information you need to know.
Standard Violations vs. Per Se Violations
Under the FDUTPA, there are two types of violations that occur during commerce or trade: standard and per se violations.
If you file a standard violation claim, there are certain parts of your claim you will have to prove. The first is establishing that a business participated in a deceptive or unfair act. You also have to prove that you suffered harm as a result. You also have to clearly establish a direct link between the deceptive or unfair act and the harm you suffered as a result.
Per se violations differ slightly from standard violations. If your claim involves a per se violation, you only have to prove the violation of the law the business committed. You do not have to show that you sustained damages, nor establish the direct link required in standard violations. Although proving per se violations may seem fairly straightforward, it is still critical that you work with a Tampa unfair business practices attorney.
Common Unfair Business Practices
Any deceptive or unfair practices used by a business, it can result in a claim being filed. However, certain types of violations are more commonly seen than others. These include:
- Misleading or false marketing
- Including sponsored content or ads within real news items when trying to market a product online
- Providing consumers with goods they did not order and invoicing them for the product or service
- Labeling products as new when they are used
- Price gouging after an emergency or natural disaster, such as an earthquake or flood
- Including undisclosed or improper fees into a contract
Debt collection companies often engage in unfair and unethical practices and these can also result in an FDUTPA claim. However, Florida does have other laws that protect borrowers in these situations.
How Our Unfair Business Practices Attorney in Tampa Can Help
If a business has treated you unfairly, you may be able to file a claim for an FDUTPA violation. Unfortunately, these claims are extremely complicated. At BBDG Law, our Tampa unfair business practices attorney can explain the laws that apply to your case and guide you through the process so you obtain the full and fair damages you are entitled to. Call us today at (813) 221-3759 or fill out our online form to schedule a consultation and to learn more about how we can help.
