Florida Statutes

Fla. Stat. § 501.211 (2025)

Other individual remedies.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 223 cases (45 in the last 5 years), 1979–2025 · leading case: Kelly v. Palmer, Reifler, & Assocs., P.A., 681 F. Supp. 2d 1356 (S.D. Fla. 2010).

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Kelly v. Palmer, Reifler, & Assocs., P.A., 681 F. Supp. 2d 1356 (S.D. Fla. 2010). · cites it 22× “But this standard applies to a plaintiff attempting to recover damages for unfair or deceptive practices under Fla. Stat. § 501.211 (2). However, Kelly is seeking only injunctive relief.”

Stewart Agency, Inc., d/b/a Earl Stewart Toyota of North Palm Beach v. Arrigo Enter., Inc. d/b/a Arrigo Dodge Chrysler Jeep Ram, Etc., 266 So. 3d 207 (Fla. 4th DCA 2019). · cites it 12× “Section 501.211(1), Florida Statutes (emphasis added), provides: 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…”

Bailey v. St. Louis, 196 So. 3d 375 (Fla. 2d DCA 2016). · cites it 12× “The Appellants’ FDUTPA claim is based on section 501.211, which authorizes a private cause of action for injunctive relief, § 501.”

Caribbean Cruise Line, Inc. v. Better Bus. Bureau of Palm Beach Cnty., Inc., 169 So. 3d 164 (Fla. 4th DCA 2015). · cites it 10× “§ 501.211(2), Fla. Stat. (2000) (emphasis added).”

Furmanite Am., Inc. v. T.D. Williamson, Inc., 506 F. Supp. 2d 1134 (M.D. Fla. 2007). · cites it 10× “Section 501.211 provides that any person who has suffered a loss as a result of such practices may commence a private action for actual damages and possibly attorneys’ fees and court costs.”

Shawn Ahearn, on behalf of himself & all etc. v. Mayo Clinic, a Florida Corp. Mayo etc., 180 So. 3d 165 (Fla. 1st DCA 2015). · cites it 54× “§ 501.211, Fla. Stat. (2013) (emphasis added).”

Off Lease Only, Inc. v. LeJeune Auto Wholesale, Inc., 187 So. 3d 868 (Fla. 3d DCA 2016). · cites it 9× “Section 501.211, Florida Statutes, provides remedies for a violation of FDUTPA.”

Am. Honda Motor Co. v. Motorcycle Info. Network, Inc., 390 F. Supp. 2d 1170 (M.D. Fla. 2005). · cites it 7× “57) that the Defendants did not abandon their non-trade secret claims and that the Magistrate Judge was referring to the Defendants' representation that the case did not *1176 involve patent, trademark, or copyright infringement.”

Smith v. Wm. Wrigley Jr. Co., 663 F. Supp. 2d 1336 (S.D. Fla. 2009). · cites it 8× “211 provides that the following individuals are entitled to relief: (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…”

PNR, Inc. v. Beacon Prop. Mgmt., Inc., 842 So. 2d 773 (Fla. 2003). · cites it 4× “See § 501.211(1), Fla. Stat. (2002) ("[A]nyone 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 .”

Davis v. Powertel, Inc., 776 So. 2d 971 (Fla. 1st DCA 2000). · cites it 7× “These claims were based on the provisions of section 501.211(1), Florida Statutes. The plaintiffs argued that the court should certify the claims for declaratory and injunctive relief for class litigation under rule 1.”

Niles Audio Corp. v. OEM Sys. Co., Inc., 174 F. Supp. 2d 1315 (S.D. Fla. 2001). · cites it 10× “Niles FDUTPA claim is based on Florida Statute § 501.211, which authorizes a private cause of action for injunctive relief (§ 501.”

Show all 223 citing cases →

— 501.211(1) — 39 cases

Stewart Agency, Inc., d/b/a Earl Stewart Toyota of North Palm Beach v. Arrigo Enter., Inc. d/b/a Arrigo Dodge Chrysler Jeep Ram, Etc., 266 So. 3d 207 (Fla. 4th DCA 2019). “Section 501.211(1), Florida Statutes (emphasis added), provides: 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…”

Kelly v. Palmer, Reifler, & Assocs., P.A., 681 F. Supp. 2d 1356 (S.D. Fla. 2010). “But this standard applies to a plaintiff attempting to recover damages for unfair or deceptive practices under Fla. Stat. § 501.211 (2). However, Kelly is seeking only injunctive relief.”

Davis v. Powertel, Inc., 776 So. 2d 971 (Fla. 1st DCA 2000). “These claims were based on the provisions of section 501.211(1), Florida Statutes. The plaintiffs argued that the court should certify the claims for declaratory and injunctive relief for class litigation under rule 1.”

Shawn Ahearn, on behalf of himself & all etc. v. Mayo Clinic, a Florida Corp. Mayo etc., 180 So. 3d 165 (Fla. 1st DCA 2015). “§ 501.211, Fla. Stat. (2013) (emphasis added).”

Klinger v. Weekly World News, Inc., 747 F. Supp. 1477 (S.D. Fla. 1990).

— 501.211(2) — 82 cases

Caribbean Cruise Line, Inc. v. Better Bus. Bureau of Palm Beach Cnty., Inc., 169 So. 3d 164 (Fla. 4th DCA 2015). “§ 501.211(2), Fla. Stat. (2000) (emphasis added).”

Furmanite Am., Inc. v. T.D. Williamson, Inc., 506 F. Supp. 2d 1134 (M.D. Fla. 2007). “Section 501.211 provides that any person who has suffered a loss as a result of such practices may commence a private action for actual damages and possibly attorneys’ fees and court costs.”

Bailey v. St. Louis, 196 So. 3d 375 (Fla. 2d DCA 2016). “The Appellants’ FDUTPA claim is based on section 501.211, which authorizes a private cause of action for injunctive relief, § 501.”

— 501.211(3) — 2 cases

Hicks v. Bombardier Recreational Prods. Inc. (S.D. Fla. 2023).

Hamilton v. Palm Chevrolet-Oldsmobile, Inc., 366 So. 2d 1233 (Fla. 2d DCA 1979).

— 501.211(4) — 1 case

CMR Constr. & Roofing, LLC v. Am. Capital Assurance Corp. (M.D. Fla. 2021).

— 501.211(4)(d) — 1 case

CMR Constr. & Roofing, LLC v. Am. Capital Assurance Corp. (M.D. Fla. 2021).

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