Fight Deceptive Business Practices with an Orlando FDUTPA Attorney
FDUTPA is Florida's law against deceptive and unfair trade practices—and it lets injured businesses recover actual damages and attorney's fees. As an Orlando, Florida FDUTPA attorney, Keough Law brings these claims against misleading vendors and competitors, and defends businesses accused of them.
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When a bad deal is also an unfair one
A software vendor sold you features that never existed. A supplier quietly swapped in inferior materials. A competitor ran ads making false claims about your products. These aren't just broken promises—they can be deceptive or unfair trade practices under Florida law.
FDUTPA adds a statutory claim with fee-shifting to cases that might otherwise be contract-only. It works hand in hand with our business fraud practice.
- Products or services misrepresented in the sale.
- Hidden fees, bait-and-switch, or deceptive billing.
- Competitor ads making false claims about you.
- Unconscionable terms imposed through deception.
What a FDUTPA damages claim requires
Unlike common-law fraud, FDUTPA doesn't require proof that the defendant intended to deceive. The focus is on the practice and the harm it caused.
A deceptive or unfair practice
A representation or practice likely to mislead a reasonable person, or conduct that offends public policy and causes substantial injury.
In trade or commerce
The conduct happened in the course of business—advertising, selling, or providing goods and services in Florida.
Causation
The deceptive or unfair practice caused the harm you’re claiming, not some other event.
Actual damages
A real, measurable loss—typically the difference between what you were promised and what you actually got.
Deceptive—or just disappointing?
Defendants argue the case is a simple contract dispute, that their statements were sales talk, or that the plaintiff can't prove actual damages under the statute's narrow measure.
Certain regulated industries are also exempt. We test every one of these issues before a FDUTPA count is filed—or use them to defeat one.
“That's just business”
- "It was only puffery"
- "This is a contract dispute"
- "You suffered no actual damages"
- "We’re exempt from FDUTPA"
A practice, not a dispute
- Specific, verifiable false claims
- Conduct likely to mislead anyone
- Value promised vs. value delivered
- No regulatory exemption applies
Unfair practices shouldn't pay
Keough Law pursues FDUTPA claims alongside contract and fraud counts to maximize leverage—and defends businesses against FDUTPA claims that are really ordinary commercial disputes. Prior results do not guarantee a similar outcome.
“The vendor sold us something that didn't exist. Shaun built the case around what they promised versus what we got, and it resolved on our terms.”
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Unfair Trade Practices Matter
Remedies under the statute
FDUTPA offers a specific set of remedies. Pairing it with other claims fills the gaps, such as lost profits.
Actual damages
The value gap between what you were promised and what you actually received.
Injunctive relief
A court order stopping the deceptive practice, even without a damages claim.
Declaratory relief
A ruling that the practice violates FDUTPA, clarifying rights going forward.
Attorney’s fees
Reasonable fees and costs to the prevailing party, in the court’s discretion.
From misleading practice to recovery
Evaluate the practice
We compare the ads, invoices, and representations against what was delivered to test whether FDUTPA fits—or a stronger claim does.
Weigh the fee risk
FDUTPA fees can cut both ways, so we size up your exposure before filing—and use it as leverage when defending.
File or respond
We plead FDUTPA alongside contract, fraud, or unfair competition counts, or move to dismiss a claim that doesn’t belong.
Recover or resolve
Damages, an injunction against the practice, and attorney’s fees—through settlement or judgment.
Fees can shift—plan for it
FDUTPA litigation is billed hourly. Because the statute can shift fees to whichever side wins, we start with a candid risk assessment so you understand both the upside and the exposure before filing.
We'll walk through it with you in a free consultation.
Every claim, pleaded together
You work directly with Shaun Keough. FDUTPA claims rarely stand alone, so we pair them with fraudulent misrepresentation, trademark infringement, and contract claims across our business litigation practice.
FDUTPA questions
What is FDUTPA?
FDUTPA is the Florida Deceptive and Unfair Trade Practices Act, Florida Statutes §501.201 and following. It prohibits unfair methods of competition, unconscionable acts, and unfair or deceptive acts or practices in trade or commerce, and it lets injured parties sue for actual damages, injunctive relief, and attorney’s fees.
Can a business sue another business under FDUTPA?
Yes. FDUTPA is not limited to individual consumers. Florida courts have allowed businesses—including customers and, in many cases, competitors—to bring claims when another company’s deceptive or unfair practices caused them actual damages.
What damages can I recover under FDUTPA?
FDUTPA allows recovery of actual damages, which courts usually measure as the difference between the market value of the product or service as delivered and its value as promised. Consequential damages like lost profits are generally not recoverable under the statute itself, which is why FDUTPA is often paired with contract or fraud claims.
Who pays attorney’s fees in a FDUTPA case?
The court may award reasonable attorney’s fees and costs to the prevailing party under §501.2105. That can mean the defendant recovers fees if it wins, so a FDUTPA count should be brought deliberately—and a weak one can be turned against the plaintiff.
How long do I have to file a FDUTPA claim?
FDUTPA claims are generally subject to Florida’s four-year statute of limitations for statutory liability, usually measured from when the deceptive act occurred. Some claims may be affected by other timing rules, so don’t wait to get advice.
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