Actual damages under FDUTPA are measured as the difference between the value of what was promised and the value of what was received. In a vehicle fraud case, this is typically the diminished value of the vehicle due to undisclosed damage, the cost of unauthorized charges, or the economic harm from misrepresented financing terms. FDUTPA does not provide for punitive damages or emotional distress damages in most circumstances.

Injunctive relief — a court order requiring the defendant to stop the unlawful conduct — is available under FDUTPA even without proof of actual damages. This remedy is particularly important in cases where a dealer is engaged in a pattern of deceptive practices affecting many consumers. The Florida Attorney General can also seek injunctive relief and civil penalties on behalf of the public.

The attorney's fees provision of FDUTPA (§ 501.2105) is the most practically significant remedy for individual consumers. The prevailing party in a FDUTPA action is entitled to recover reasonable attorney's fees and costs from the opposing party. This means that a consumer who prevails — even on a relatively small damages claim — is entitled to have the defendant pay their attorney's fees. This provision makes it economically viable for attorneys to take consumer fraud cases on a contingency basis.

The attorney's fees provision is bilateral: the defendant can also recover fees if the plaintiff's claim was frivolous. This deters meritless claims while ensuring that consumers with legitimate claims can find representation. In practice, the bilateral nature of the provision rarely disadvantages consumers with genuine claims, because attorneys evaluate cases carefully before taking them.

FDUTPA claims can be brought in state or federal court. Federal court may be preferable when the FDUTPA claim is combined with federal claims (such as TILA or Magnuson-Moss), because federal courts have jurisdiction over the combined case. An attorney can advise on the best forum for your specific situation.