Florida Statute 501.211 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 501
CONSUMER PROTECTION

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F.S. 501.211

501.211 Other individual remedies.—

(1) Without regard to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this part may bring an action to obtain a declaratory judgment that an act or practice violates this part and to enjoin a person who has violated, is violating, or is otherwise likely to violate this part.

(2) In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105. However, damages, fees, or costs are not recoverable under this section against a retailer who has, in good faith, engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that it violated this part.

(3) In any action brought under this section, upon motion of the party against whom such action is filed alleging that the action is frivolous, without legal or factual merit, or brought for the purpose of harassment, the court may, after hearing evidence as to the necessity therefor, require the party instituting the action to post a bond in the amount which the court finds reasonable to indemnify the defendant for any damages incurred, including reasonable attorney’s fees. This subsection shall not apply to any action initiated by the enforcing authority.

History.—s. 1, ch. 73-124; s. 37, ch. 91-220; s. 12, ch. 93-38; s. 6, ch. 2001-39; s. 27, ch. 2001-214.

F.S. 501.211 on Google Scholar

F.S. 501.211 on Casetext

Amendments to 501.211

Arrestable Offenses / Crimes under Fla. Stat. 501.211

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 501.211.

Annotations, Discussions, Cases:

Cases Citing Statute 501.211

Total Results: 20

AVANT DESIGN GROUP, INC., etc. v. AQUASTAR HOLDINGS, LLC, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-12T00:53:00-07:00

Snippet: statutory cause of action premised on section 501.211(2). This statute reads, in relevant part, as follows…of a FDUTPA claim brought pursuant to section 501.211(2), nowhere in the Amended Final Judgment does…in this regard. Therefore, we 14 Section 501.211(1) provides for a statutory declaratory judgment… did not seek declaratory relief under section 501.211(1) but sought only damages under subsection (2)

MAROONE CHEVROLET, LLC d/b/a MAROONE CHEVROLET v. GERMAN ALVARADO

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-06T00:53:00-07:00

Snippet: claim.”). Pursuant to the plain wording of section 501.211(2), Florida Statutes (2000), which provides remedies… a result of a violation of this part, section 501.211 “entitles a consumer to recover damages attributable

BJ'S WHOLESALE CLUB, INC., etc. v. LAURA BUGLIARO, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-14T00:53:00-07:00

Snippet: of term “unfair trade practice”). 9 Section 501.211, Florida Statutes, provides the following remedies

STEWART AGENCY, INC., d/b/a EARL STEWART TOYOTA OF NORTH PALM BEACH v. ARRIGO ENTERPRISES, INC. d/b/a ARRIGO DODGE CHRYSLER JEEP RAM, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-06T00:00:00-08:00

Citation: 266 So. 3d 207

Snippet: So. 2d 489, 499 (Fla. 4th DCA 2001)). Section 501.211(1) allows “anyone aggrieved by a violation of” … declaratory or injunctive relief, and section 501.211(2) provides that “a person who has suffered a loss…proximate cause of damages to Stewart. Section 501.211(2), Florida Statutes (emphasis added), provides… unfair and deceptive trade practices. Section 501.211(1), Florida Statutes (emphasis added), provides… those persons who could recover under section 501.211(2). Id. The claimant in Ahearn, however, was

Sarah Lee Sanders v. Drivetime Car Sales Company, LLC, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-31T00:00:00-07:00

Citation: 221 So. 3d 718

Snippet: enforcing authority. See §§ 501.206, 501.207, & 501.211, Fla. Stat. (2015). An interested party is defined

Sanchez v. AN Luxury Imports of Pembroke Pines, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-12T00:00:00-07:00

Citation: 216 So. 3d 723

Snippet: fees pursuant to FDUTPA sections 501.2105 and 501.211. Additionally, appellant separately moved for attorney

Off Lease Only, Inc. v. LeJeune Auto Wholesale, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-24T00:00:00-08:00

Citation: 187 So. 3d 868, 2016 Fla. App. LEXIS 2679

Snippet: pre-2001 language of section 501.211. 2 . Section 501.211, Florida Statutes, provides remedies…recoverable under FDUTPA. 2 See § 501.211(2), Fla. Stat. *870 (2014) (providing…providing' for a remedy of injunc-tive relief (§ 501.211(1)), has, since 1993, provided a right to declaratory…potential class of claimants, amending section 501.211(2) to provide 'that a FDUTPA claim for damages… . Off Lease is therefore correct that section 501.211(2) no longer requires one to be a “consumer” to

Bailey v. St. Louis

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-03T00:00:00-08:00

Citation: 196 So. 3d 375, 2016 Fla. App. LEXIS 1375

Snippet: section 501.211, which authorizes a private cause of action for injunctive relief, § 501.211(1), and …and damages, § 501.211(2). Prior to 2001, section 501.211 provided as follows: (1) Without regard…section 501.211(1), but that only *383 consumers could seek damages under section 501.211(2).… against the two Appellees pursuant to section 501.211(2), Florida Statutes (2006), because it was a competitor…1, 2001, the' legislature amended section 501.211(2), Florida Statutes (2001), by inserting the word

Shawn Ahearn, on behalf of himself and all etc. v. Mayo Clinic, a Florida Corporation Mayo etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-05T00:00:00-08:00

Citation: 180 So. 3d 165

Snippet: damages’ under section 501.211(2), it may obtain injunctive relief under section 501.211(1).”); Smith v. Wm…that he is an aggrieved party pursuant to section 501.211(1), Florida Statutes. FDUTPA- authorizes private…declaratory' relief and for actual damages. Section 501.211 provides: (1) Without regard to any other remedy…actual knowledge that it violated this part. § 501.211, Fla. Stat. (2013) (emphasis added). By the express… value damages or stigma damages under section 501.211(2). See Rollins, Inc. v. Butland, 951 So.2d 860

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., d/b/a Better Business Bureau of Southeast Florida And The Caribbean and Council of Better Business Bureaus, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-03T00:53:00-07:00

Snippet: amendment to section 501.211(2), Florida Statutes. Prior to 2001, section 501.211(2) read: In any…actual knowledge that it violated this part. § 501.211(2), Fla. Stat. (2000) (emphasis added). After 2001…knowledge that it violated this part. § 501.211(2), Fla. Stat. (2001) (emphasis added). As can …could seek damages under newly amended § 501.211(2)); see also North Amer. Clearing, Inc. …the case was as to the 1993 version of section 501.211(2), and the two cases we mentioned were both decisions

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-03T00:00:00-07:00

Citation: 169 So. 3d 164, 43 Media L. Rep. (BNA) 2964, 2015 Fla. App. LEXIS 8497

Snippet: amendment to section 501.211(2), Florida Statutes. Prior to 2001, section 501.211(2) read: In any individual…actual knowledge that it violated this part. § 501.211(2), Fla. Stat. (2000) (emphasis added). After 2001…actual knowledge that it violated this part. § 501.211(2), Fla. Stat. (2001) (emphasis added). As can …competitor could seek damages under newly amended § 501.211(2)); see also North Amer. Clearing, Inc. v. Brokerage…the case was as to the 1993 version of section 501.211(2), and the two cases we mentioned were both decisions

Bull Motors, LLC v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-05T00:00:00-08:00

Citation: 152 So. 3d 32

Snippet: declaratory and injunctive relief under section 501.211 of the Florida Statutes, Florida’s Deceptive and…declaratory and injunctive relief pursuant to section 501.211(1) of the Florida Statutes, finding that when Bull…representatives) as follows: Pursuant to Fla. Stat. § 501.211(1) and in light of the factual record, this Court… . In fact the very language of section 501.211 suggests enjoining the violating…otherwise likely to violate this part. § 501.211, Fla. Stat. (2013). 3 .

Wyndham Vacation Resorts, Inc. v. Timeshares Direct, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-07T00:00:00-07:00

Citation: 123 So. 3d 1149

Snippet: damages” under section 501.211(2), it may obtain injunctive relief under section 501.211(1). See Del Monte …availability of injunctive relief available under section 501.211 to enjoin conduct that constitutes a deceptive …, 694 So.2d 88, 90 (Fla. 3d DCA 1997). Section 501.211(1), Florida Statutes, permits a claim for injunctive…continued trademark infringement under section 501.211(1)); Klinger, 747 F.Supp. at 1480 (reiterating

Dorestin v. Hollywood Imports, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-11T00:00:00-07:00

Citation: 45 So. 3d 819, 2010 Fla. App. LEXIS 12337, 2010 WL 3154848

Snippet: “actual damages” within the meaning of section 501.211(2), Florida Statutes (2008), Florida case law has…addresses a consumer’s damage remedy is subsection 501.211(2). Under that provision, a “person who has suffered…the definition of “actual damages” under section 501.211(2).4 For example, Fort Lauderdale Lincoln Mercury…thus establish a FDUTPA violation under section 501.211(1) without showing actual reliance on the misconduct

Rodriguez v. Recovery Performance & Marine, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-19T00:00:00-07:00

Citation: 38 So. 3d 178

Snippet: any damages that were recoverable under section 501.211(2), Florida Statutes (2009). Recovery asserted …Damages not recoverable under the FDUTPA Section 501.211(2), Florida Statutes (2009), provides: "In

Hialeah Automotive, LLC v. Basulto

Court: Fla. Dist. Ct. App. | Date Filed: 2009-01-28T00:00:00-08:00

Citation: 22 So. 3d 586, 2009 Fla. App. LEXIS 566, 2009 WL 187584

Snippet: or is otherwise likely to violate this part.” § 501.211(1), Fla. Stat. (2004). The buyers also requested

Schauer v. Morse Operations, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-01-05T00:00:00-08:00

Citation: 5 So. 3d 2

Snippet: any recoverable damages. Under FDUTPA section 501.211(2), Florida Statutes (1999), a consumer may recover… court and other courts have held that section 501.211 "`entitles a consumer to recover damages attributable…injunctive relief under FDUTPA, which in section 501.211(1) provides that a person aggrieved by a violation

Rose v. ADT SEC. Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-11T00:00:00-07:00

Citation: 989 So. 2d 1244

Snippet: inducement and deceptive trade practices under section 501.211, Florida Statutes.[1] ADT moved for summary judgment…claim for deceptive trade practices under section 501.211, Florida Statutes, appellants conceded that summary

City First Mortg. Corp. v. Barton

Court: Fla. Dist. Ct. App. | Date Filed: 2008-07-16T00:00:00-07:00

Citation: 988 So. 2d 82

Snippet: or special damages. Smith, 872 So.2d at 994; ง 501.211(1); see Orkin Exterminating Co. v. Petsch, 872

KIA MOTORS AMERICA CORPORATION v. Butler

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-11T00:53:00-07:00

Citation: 985 So. 2d 1133

Snippet: the class complaint. Under section 501.211 of FDUPTA, see § 501.211(2), Fla. Stat., a successful claimant