501.204
Unlawful acts and practices.
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501.204 Unlawful acts and practices.—
(1) Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.
(2) It is the intent of the Legislature that, in construing subsection (1), due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2017.
History.—s. 1, ch. 73-124; s. 1, ch. 83-117; s. 4, ch. 85-63; s. 2, ch. 90-190; s. 3, ch. 93-38; s. 2, ch. 2001-39; s. 23, ch. 2001-214; s. 2, ch. 2006-196; s. 4, ch. 2013-207; s. 5, ch. 2015-92; s. 4, ch. 2017-155.
Notes of Decisions
Cited in 412
cases (103 in the last 5 years), 1976–2026 · leading case: Department of Legal Affairs v. Rogers
Department of Legal Affairs v. Rogers (1976)
“Pursuant to the provisions of Part II of Chapter 501, Florida Statutes, the Department of Legal Affairs filed an amended complaint against appellee, Lee Rogers, doing business as American Holiday Association and charged violation of said statute in that appellee failed to comply…”
KC Leisure, Inc. v. Haber (2008)
“" § 501.204, Fla. Stat. (2005). As noted above, a FDUTPA claim may be based on rules promulgated pursuant to the Federal Trade Commission Act or the standards of "unfairness and deception set forth and interpreted by the Federal.”
MacK v. Bristol-Myers Squibb Co. (1996)
“211, Florida Statutes (1993) and that: For over twelve years, defendants have engaged in, and have conspired amongst themselves to engage in, unfair methods of competition and unfair acts or practices in violation of section 501.204 of DTPA in the sale and marketing of infant…”
PNR, Inc. v. Beacon Property Management, Inc. (2003)
“In so doing, the district court focused its analysis solely on the words "method" and "practice.”
Gentry v. Harborage Cottages-Stuart, LLLP (2011)
“Both Gentry-Hunt and the Stones allege that Harborage violated Fla. Stat. § 501.204 (1) by making false representations in the Site Plan.”
State Farm Mutual Automobile Insurance Co. v. Performance Orthopaedics & Neurosurgery, LLC (2017)
“2016) (alteration in original) (quoting Fla. Stat. § 501.204 (1)). FDUTPA defines “[t]rade or commerce” as “the advertising, soliciting, providing, offering, or distributing, whether by sale, rental, or.”
George Tershakovec v. Ford Motor Company, Inc. (2023)
“6 Fla. Stat. § 501.204 (1). Interestingly, the FDUTPA’s text clearly directs the courts and the executive branch to give “due consideration and great weight .”
Samuels v. King Motor Co. of Fort Lauderdale (2001)
“This behavior offends public policy and is immoral, unethical, and substantially injurious to consumers situated similarly to the Plaintiffs, who are left without a vehicle and likely little ability to get one because they no longer have a trade-in vehicle as a down-payment and…”
Berry v. Budget Rent a Car Systems, Inc. (2007)
“” Fla Stat. § 501.204 (2007). The Act also provides that in construing this language, courts should look to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5(a)(1) of the Federal Trade Commission Act.”
State Office of Atty. Gen. v. Wyndham Intern., Inc. (2004)
“" § 501.204(1), Fla. Stat. (2001). It is the intent of the Legislature that, in construing section 501.”
State v. Commerce Commercial Leasing, LLC (2007)
“The first component of Count I alleges that it is unlawful under section 501.204, Florida Statutes (2004), to enforce unfair and unconscionable agreements.”
Urling v. Helms Exterminators, Inc. (1985)
“Section 501.204 provides that "[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.”
— 501.204(1) — 89 cases
PNR, Inc. v. Beacon Property Management, Inc. (2003)
“In so doing, the district court focused its analysis solely on the words "method" and "practice.”
Keech v. Yousef (2002)
State Office of Atty. Gen. v. Wyndham Intern., Inc. (2004)
“" § 501.204(1), Fla. Stat. (2001). It is the intent of the Legislature that, in construing section 501.”
— 501.204(2) — 33 cases
Department of Legal Affairs v. Rogers (1976)
“Pursuant to the provisions of Part II of Chapter 501, Florida Statutes, the Department of Legal Affairs filed an amended complaint against appellee, Lee Rogers, doing business as American Holiday Association and charged violation of said statute in that appellee failed to comply…”
MacK v. Bristol-Myers Squibb Co. (1996)
“211, Florida Statutes (1993) and that: For over twelve years, defendants have engaged in, and have conspired amongst themselves to engage in, unfair methods of competition and unfair acts or practices in violation of section 501.204 of DTPA in the sale and marketing of infant…”
Davis v. Powertel, Inc. (2000)
Urling v. Helms Exterminators, Inc. (1985)
“Section 501.204 provides that "[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.”
— 501.204(l) — 1 case
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