Has anyone ever told you, “Life’s not fair,” when you complained about something? When it comes to business practices, Florida courts might not agree.
The Florida Deceptive and Unfair Trade Practices Act (FDUPTA) is there to help you if you believe a competitor is gaining an unfair advantage. Here is how it works:
Certain things are prohibited
While business is all about gaining an advantage, the law limits how you can do it. It makes the following things illegal:
- Unfair methods of competition
- Unconscionable acts or practices
- Unfair or deceptive acts or practices
It’s there to protect customers as well as other businesses
Imagine you run a coffee shop, and a new competitor sets up nearby. They see how content and loyal your customers are, so figure that simply serving good coffee and cakes won’t be enough to take custom away from you.
Here are some ways they could set about getting your custom that might breach the FDUPTA:
- They go to a local paper with a story and invent a story about how you have rats in your kitchen
- They pay friends to go to your cafe and complain loudly
- They advertise their coffees as having a free double shot of expresso when they don’t
- They price their goods lower than you on the menu, then secretly add extra to client’s bills to make up the difference
- They advertise as using only organic products in their cakes when you know they buy everything from the local wholesaler like you
This law can also protect you when you are a customer. For example, if your supplier tries to deceive you by telling you that their battery-farmed eggs are free-range.
If you have been affected by unfair business practices, seek legal help to understand your options.