FDUTPA (Florida Deceptive and Unfair Trade Practices Act)

The Florida Deceptive and Unfair Trade Practices Act, or FDUTPA, is found in Florida Statutes sections 501.201 through 501.213. Like the consumer protection laws in other states, sometimes called "little FTC acts," it borrows its core standard from the Federal Trade Commission Act.

Florida Statutes 501.204 declares unlawful any unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce. Florida courts interpret the law with reference to FTC and federal court decisions under the FTC Act. That broad language covers false advertising, hidden fees, misleading labels, bait-and-switch sales, and deceptive pricing.

The Florida Attorney General and state attorneys can enforce FDUTPA, and so can private individuals. Under section 501.211, a person who has suffered a loss because of a violation can recover actual damages, plus attorney fees and court costs as provided in section 501.2105, and anyone aggrieved can seek an order stopping the practice. FDUTPA does not provide fixed statutory damages the way some federal laws do, so plaintiffs must show real economic loss, often measured as the difference between what a product was worth as promised and what it was actually worth.

Because it applies statewide and allows class treatment, FDUTPA is frequently the basis for Florida subclasses in national consumer class actions over mislabeled foods, cosmetics, supplements, and junk fees. If you live in Florida and bought a product sold with misleading claims, keep the packaging and receipt. Our guides on types of class action lawsuits and whether you qualify for a settlement explain how state subclasses work.