501.203
Definitions.
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501.203 Definitions.—As used in this chapter, unless the context otherwise requires, the term:
(1) “Final judgment” means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired.
(2) “Enforcing authority” means the office of the state attorney if a violation of this part occurs in or affects the judicial circuit under the office’s jurisdiction. “Enforcing authority” means the Department of Legal Affairs if the violation occurs in or affects more than one judicial circuit or if the office of the state attorney defers to the department in writing, or fails to act upon a violation within 90 days after a written complaint has been filed with the state attorney.
(3) “Violation of this part” means any violation of this act or the rules adopted under this act and may be based upon any of the following as of July 1, 2017:
(a) Any rules promulgated pursuant to the Federal Trade Commission Act, 15 U.S.C. ss. 41 et seq.;
(b) The standards of unfairness and deception set forth and interpreted by the Federal Trade Commission or the federal courts; or
(c) Any law, statute, rule, regulation, or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices.
(4) “Department” means the Department of Legal Affairs.
(5) “Order” means a cease and desist order issued by the enforcing authority as set forth in s. 501.208.
(6) “Interested party or person” means any person affected by a violation of this part or any person affected by an order of the enforcing authority.
(7) “Consumer” means an individual; child, by and through its parent or legal guardian; business; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; any commercial entity, however denominated; or any other group or combination.
(8) “Trade or commerce” means the advertising, soliciting, providing, offering, or distributing, whether by sale, rental, or otherwise, of any good or service, or any property, whether tangible or intangible, or any other article, commodity, or thing of value, wherever situated. “Trade or commerce” shall include the conduct of any trade or commerce, however denominated, including any nonprofit or not-for-profit person or activity.
(9) “Thing of value” may include, without limitation, any moneys, donation, membership, credential, certificate, prize, award, benefit, license, interest, professional opportunity, or chance of winning.
History.—s. 1, ch. 73-124; s. 1, ch. 79-386; s. 1, ch. 90-190; s. 2, ch. 93-38; s. 24, ch. 97-98; s. 1, ch. 2001-39; s. 22, ch. 2001-214; s. 1, ch. 2006-196; s. 3, ch. 2013-207; s. 4, ch. 2015-92; s. 3, ch. 2017-155.
Notes of Decisions
Cited in 166
cases (36 in the last 5 years), 1976–2026 · leading case: State Farm Mutual Automobile Insurance Co. v. Performance Orthopaedics & Neurosurgery, LLC
State Farm Mutual Automobile Insurance Co. v. Performance Orthopaedics & Neurosurgery, LLC (2017)
“” Fla. Stat. Ann. § 501.203 (8). “As such language clearly indicates, the definition of ‘trade or commerce’ is quite broad.”
Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc. (2015)
“” Compare § 501.203(7), Fla. Stat. (2000) (“ ‘Consumer’ means an individual; child, by and through its parent or legal guardian; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; or any other group or combination.”
Diamond Aircraft Industries, Inc. v. Horowitch (2013)
“See § 501.203(3), Fla. Stat. (2011) (defining “[vjiolation of this part” as “any violation of [FDUTPA] or the rules adopted under [FDUTPA] ” (emphasis added)).”
Delgado v. JW COURTESY PONT. GMC-TRUCK (1997)
“…legislature amended some of these provisions. Ch. 93-38, § 1, at 207 (amending § 501.202); § 2, at 207-209 (amending § 501.203); § 3, at 209 (amending § 501.204); § 11, at 212 (amending § 501.2105); § 12, at 212 (amending § 501.211); § 13, at 212 (amending § 501.212), Laws of…”
Kelly v. Palmer, Reifler, & Associates, P.A. (2010)
“” Fla. Stat. § 501.203 (8). Plaintiffs contend that their dealings with the Palmer Law Firm constituted “trade or commerce” because, through the demand letters, the firm solicited and offered them a release, a “thing of value,” in exchange for money.”
Michael T. Angelo d/b/a Orange Park Auto Mall v. Timothy Parker, individually and on behalf of those similarly situated (2019)
“The class action complaint alleged two FDUTPA violations: one of FDUTPA generally and the other of section 501.203(3)(c), Florida Statutes (2016).”
Siever v. BWGaskets, Inc. (2009)
“” 2 Fla. Stat. § 501.203 (3)(c). *1293 Whether particular conduct constitutes such an unfair or deceptive trade practice is a question of fact.”
Cornette v. I.C. System, Inc. (2017)
“Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. §§ 501.203 (3), 501.204(1) The FDUTPA prohibits “[ujnfair methods of competition, unconscionable acts or practices, and unfair or deceptive ácts or practices in the conduct of any trade or commerce .”
KC Leisure, Inc. v. Haber (2008)
“" § 501.203(3), Fla. Stat. (2005), Thus, if the claims of KC Leisure fall within these parameters, a cause of action may be stated against appellees.”
Schauer v. General Motors Acceptance Corp. (2002)
“" § 501.203(3)(c), Fla. Stat. (1999). Construing the Act liberally as we must, Cummings v.”
Rollins, Inc. v. Butland (2006)
“Disciplinary procedures, fines, and criminal sanctions are available to address the behavior of pest control operators who will not operate in accordance with the rules.”
Alhassid v. Bank of America, N.A. (2014)
“” Fla. Stat. § 501.203 (8). Nationstar argues that neither loan servicing or debt collection qualify as “trade or commerce” under FDUTPA.”
— 501.203(1) — 22 cases
Delgado v. JW COURTESY PONT. GMC-TRUCK (1997)
“…legislature amended some of these provisions. Ch. 93-38, § 1, at 207 (amending § 501.202); § 2, at 207-209 (amending § 501.203); § 3, at 209 (amending § 501.204); § 11, at 212 (amending § 501.2105); § 12, at 212 (amending § 501.211); § 13, at 212 (amending § 501.212), Laws of…”
— 501.203(2) — 4 cases
Kingswharf, Ltd. v. Kranz (1989)
— 501.203(3) — 19 cases
KC Leisure, Inc. v. Haber (2008)
“" § 501.203(3), Fla. Stat. (2005), Thus, if the claims of KC Leisure fall within these parameters, a cause of action may be stated against appellees.”
Diamond Aircraft Industries, Inc. v. Horowitch (2013)
“See § 501.203(3), Fla. Stat. (2011) (defining “[vjiolation of this part” as “any violation of [FDUTPA] or the rules adopted under [FDUTPA] ” (emphasis added)).”
Siever v. BWGaskets, Inc. (2009)
“” 2 Fla. Stat. § 501.203 (3)(c). *1293 Whether particular conduct constitutes such an unfair or deceptive trade practice is a question of fact.”
— 501.203(3)(a) — 1 case
— 501.203(3)(b) — 1 case
— 501.203(3)(c) — 13 cases
Michael T. Angelo d/b/a Orange Park Auto Mall v. Timothy Parker, individually and on behalf of those similarly situated (2019)
“The class action complaint alleged two FDUTPA violations: one of FDUTPA generally and the other of section 501.203(3)(c), Florida Statutes (2016).”
Rollins, Inc. v. Butland (2006)
“Disciplinary procedures, fines, and criminal sanctions are available to address the behavior of pest control operators who will not operate in accordance with the rules.”
Cross v. Point & Pay, LLC (2017)
Schauer v. General Motors Acceptance Corp. (2002)
“" § 501.203(3)(c), Fla. Stat. (1999). Construing the Act liberally as we must, Cummings v.”
— 501.203(3)(e) — 1 case
— 501.203(4) — 1 case
— 501.203(5) — 3 cases
— 501.203(6) — 2 cases
— 501.203(7) — 11 cases
Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc. (2015)
“” Compare § 501.203(7), Fla. Stat. (2000) (“ ‘Consumer’ means an individual; child, by and through its parent or legal guardian; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; or any other group or combination.”
Diamond Aircraft Industries, Inc. v. Horowitch (2013)
“See § 501.203(3), Fla. Stat. (2011) (defining “[vjiolation of this part” as “any violation of [FDUTPA] or the rules adopted under [FDUTPA] ” (emphasis added)).”
Kelly v. Palmer, Reifler, & Associates, P.A. (2010)
“” Fla. Stat. § 501.203 (8). Plaintiffs contend that their dealings with the Palmer Law Firm constituted “trade or commerce” because, through the demand letters, the firm solicited and offered them a release, a “thing of value,” in exchange for money.”
Schauer v. General Motors Acceptance Corp. (2002)
“" § 501.203(3)(c), Fla. Stat. (1999). Construing the Act liberally as we must, Cummings v.”
Shibata v. Lim (2000)
— 501.203(8) — 21 cases
Delgado v. JW COURTESY PONT. GMC-TRUCK (1997)
“…legislature amended some of these provisions. Ch. 93-38, § 1, at 207 (amending § 501.202); § 2, at 207-209 (amending § 501.203); § 3, at 209 (amending § 501.204); § 11, at 212 (amending § 501.2105); § 12, at 212 (amending § 501.211); § 13, at 212 (amending § 501.212), Laws of…”
Schauer v. General Motors Acceptance Corp. (2002)
“" § 501.203(3)(c), Fla. Stat. (1999). Construing the Act liberally as we must, Cummings v.”
Shibata v. Lim (2000)
— 501.203(9) — 7 cases
Shibata v. Lim (2000)
Delgado v. JW COURTESY PONT. GMC-TRUCK (1997)
“…legislature amended some of these provisions. Ch. 93-38, § 1, at 207 (amending § 501.202); § 2, at 207-209 (amending § 501.203); § 3, at 209 (amending § 501.204); § 11, at 212 (amending § 501.2105); § 12, at 212 (amending § 501.211); § 13, at 212 (amending § 501.212), Laws of…”
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