Florida Consumer Protection Law
Florida Deceptive and Unfair Trade Practices Act
Florida's most powerful consumer protection statute — and the dealer pays your attorney's fees if you win.
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA), codified at Florida Statutes § 501.201–501.213, is the primary tool Florida consumers use to hold businesses accountable for fraud, deception, and unfair conduct. In auto dealer fraud cases, FDUTPA is almost always the central claim — and its attorney's fees provision means that most consumers can pursue their rights without paying legal fees out of pocket.
What FDUTPA Prohibits
FDUTPA prohibits 'unfair or deceptive acts or practices in the conduct of any trade or commerce.' This is an intentionally broad standard. Courts have held that a practice is 'deceptive' if it is likely to mislead a consumer acting reasonably under the circumstances. A practice is 'unfair' if it offends established public policy and is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers. A dealer does not need to intend to deceive you — the conduct itself is what matters.
Per Se Violations Under § 501.976
Florida Statute § 501.976 lists specific acts that are per se FDUTPA violations when committed by a licensed motor vehicle dealer. These include: charging more than the advertised price; misrepresenting the prior use, history, or condition of a vehicle; failing to disclose that a vehicle was previously used as a rental, taxi, or police vehicle; adding products to a contract without the buyer's consent; and misrepresenting financing terms. A per se violation means you do not need to prove the conduct was deceptive — the statute declares it so.
Damages Available Under FDUTPA
A successful FDUTPA plaintiff is entitled to actual damages — the difference between the value of what was promised and the value of what was received. In a vehicle fraud case, this typically means the diminished value of the vehicle due to undisclosed damage, the cost of repairs, or the amount of unauthorized charges. FDUTPA does not provide for punitive damages, but the attorney's fees provision is often more valuable in practice: the defendant must pay your reasonable attorney's fees and costs if you prevail.
The Attorney's Fees Provision
Under FDUTPA § 501.2105, the prevailing party in a FDUTPA action is entitled to recover reasonable attorney's fees and costs from the opposing party. This provision is bilateral — the defendant can also recover fees if the plaintiff's claim was frivolous. In practice, this means that consumers with legitimate claims can pursue them without paying attorney's fees upfront, because the dealer will be required to pay those fees if the consumer wins. It also deters dealers from engaging in fraud, knowing that a successful lawsuit will cost them far more than the amount at issue.
FDUTPA in Auto Dealer Fraud Cases
FDUTPA is the workhorse statute in Florida auto dealer fraud litigation. It applies to virtually every form of dealer misconduct: misrepresenting vehicle condition, charging undisclosed fees, adding unauthorized products, misrepresenting financing terms, failing to disclose prior damage, and more. Because § 501.976 creates per se violations for many common dealer practices, FDUTPA claims are often straightforward to establish once the facts are documented. The key is preserving evidence — the buyer's order, the financing contract, any advertisements, and all communications with the dealer.
Who Can Sue Under FDUTPA
Any person who has suffered actual damages as a result of a FDUTPA violation may bring a private action. This includes individual consumers, businesses, and in some circumstances, non-Florida residents who were harmed by conduct occurring in Florida. The Florida Attorney General and state agencies can also bring FDUTPA actions on behalf of the public. There is no minimum damages threshold — but as a practical matter, the attorney's fees provision makes even smaller claims economically viable.
Frequently Asked Questions About FDUTPA
What is the statute of limitations for a FDUTPA claim in Florida?
FDUTPA claims must be brought within four years of the date the violation occurred. In some cases involving concealment or fraud, the limitations period may be tolled — meaning it does not begin to run until the consumer discovered or reasonably should have discovered the violation. Consult an attorney promptly to preserve your rights.
Can I bring a FDUTPA claim if I signed an arbitration clause?
Arbitration clauses are common in dealer contracts, but they are not always enforceable. Florida courts have found arbitration clauses unconscionable in consumer contracts when they are one-sided, when the dealer itself committed fraud in inducing the contract, or when the clause effectively eliminates the consumer's statutory remedies. An attorney can evaluate whether your arbitration clause is enforceable.
Does FDUTPA apply to private sales between individuals?
FDUTPA applies to 'trade or commerce,' which courts have interpreted to require a commercial transaction. A purely private sale between two individuals — with no business element — generally does not fall under FDUTPA. However, if the seller is a dealer or acts in a commercial capacity, FDUTPA applies regardless of how the transaction is structured.
Can I get punitive damages under FDUTPA?
FDUTPA does not provide for punitive damages. However, the attorney's fees provision — which requires the losing defendant to pay the prevailing plaintiff's attorney's fees — often provides a more meaningful remedy in practice. In cases involving intentional fraud, additional claims (such as common law fraud) may support punitive damages alongside the FDUTPA claim.
What evidence do I need to bring a FDUTPA claim against a car dealer?
The most important evidence is the paper trail from the transaction: the buyer's order, the retail installment sales contract, any advertisements or online listings you relied on, and all written communications with the dealer. If the dealer made oral representations, document them in writing as soon as possible. A vehicle history report (Carfax or AutoCheck) can help establish what the dealer knew or should have known about prior damage.
Think a Florida Dealer Violated FDUTPA?
Attorney Daren Stabinski has over 32 years of experience enforcing FDUTPA against Florida auto dealers. Most cases are handled on a contingency basis — and if you win, the dealer pays your attorney's fees.