FDUTPA Can Give Rise to a Claim Against a Person in an Individual Capacity

In Florida, there is a statutory claim under Florida's Deceptive Unfair Trade Practices Act. This also goes by its acronym FDUTPA, and is referred to as a FDUTPA claim. For more information in FDUTPA, please check here. Did you know you can assert a FDUTPA claim against a person in an individual capacity? And this has nothing to do with piercing the corporate veil? In Thompson Nation Holdings, LLC v. Gonzalez, 50 Fla.L.Weekly D2030a (Fla. 3d DCA 2025), a customer sued her moving company's principal, individually, under FDUTPA. A judgment was obtained against the principal, and the appellate court affirmed the...

03 April

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Attorney’s Fees to Prevailing Party Under FDUTPA Claim are PERMISSIVE

Posted by David Adelstein

in Appeal, Standard of Review, Trial Perspectives

In a Florida Deceptive and Unfair Trade Practices Act (known as FDUTPA) claim, a claimant will seek attorney’s fees under Florida Statute s. 501.2015(1). However, this statute uses the permissive word, “may” when it comes to awarding attorney’s fees to the prevailing party. With the use of such a permissive word, the trial court has discretion to award or not award attorney’s fees to the prevailing party. Stated differently, the award of attorney's fees is not mandatory. In an older case, Humane Society of Broward County, Inc. v. Florida Humane Society, 951 So.2d 966 (Fla. 4th DCA 2007), the appellate court...

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FDUTPA Can Give Rise to a Claim Against a Person in an Individual Capacity

Attorney’s Fees to Prevailing Party Under FDUTPA Claim are PERMISSIVE