Businesses Can Sue Under Florida’s Trade Practices Law

– Non-consumers can bring a cause of action under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
– The claimant must still prove an injury or detriment to consumers to establish liability.
– Caribbean Cruise Lines sued the Better Business Bureau (“BBB”) after receiving an “F” rating and brought a FDUPTA claim.
– The trial court granted BBB’s motion to dismiss, but the 4th DCA reversed the decision.
– The word “consumer” was replaced with the word “person” as to who may qualify as a potential claimant, and the definition of “consumer” was amended to include a “business” and “any commercial entity however denominated”. 1. The 4th DCA recognized a lack of Florida case law on the topic of FDUTPA and noted a split of authority in Florida’s federal courts.
2. The Court agreed with the Southern District of Florida’s reasoning, finding that legislative changes expanded the scope of claimants able to recover under FDUTPA.
3. The Court stated that not all “unscrupulous” commercial activity is prohibited by FDUTPA and cited the Florida Supreme Court’s definitions of “unfair practice” and “deception”.
4. The Court concluded that while claimants would need to prove harm or detriment to consumers to establish liability under FDUTPA, they do not have to be consumers themselves to bring a claim.

https://www.jimersonfirm.com/blog/2015/09/businesses-have-standing-to-sue-under-the-florida-deceptive-and-unfair-trade-practices-act/