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: District Court of Appeal of Florida | Date Filed: 2022-10-12

Snippet: statutory cause of action premised on section 501.211(2). This statute reads, in relevant part, as follows:

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

Court: District Court of Appeal of Florida | Date Filed: 2022-07-06

Snippet: claim.”). Pursuant to the plain wording of section 501.211(2), Florida Statutes (2000), which provides remedies

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

Court: District Court of Appeal of Florida | Date Filed: 2021-04-14

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: District Court of Appeal of Florida | Date Filed: 2019-03-06

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”

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

Court: District Court of Appeal of Florida | Date Filed: 2017-05-31

Citation: 221 So. 3d 718, 2017 WL 2350111, 2017 Fla. App. LEXIS 7848

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: District Court of Appeal of Florida | Date Filed: 2017-04-12

Citation: 216 So. 3d 723, 2017 WL 1364000, 2017 Fla. App. LEXIS 5057

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

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

Court: District Court of Appeal of Florida | Date Filed: 2016-02-24

Citation: 187 So. 3d 868, 2016 Fla. App. LEXIS 2679, 2016 WL 717662

Snippet: recoverable under FDUTPA. 2 See § 501.211(2), Fla. Stat. *870 (2014) (providing

Bailey v. St. Louis

Court: District Court of Appeal of Florida | Date Filed: 2016-02-03

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

Snippet: against the two Appellees pursuant to section 501.211(2), Florida Statutes (2006), because it was a competitor

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

Court: District Court of Appeal of Florida | Date Filed: 2015-11-05

Citation: 180 So. 3d 165

Snippet: Unfair Trade Practices Act (“FDUTPA”), section 501.211(1), Florida Statutes, was extinguished by the

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

Court: District Court of Appeal of Florida | Date Filed: 2015-06-03

Citation: 169 So. 3d 164, 43 Media L. Rep. (BNA) 2964, 2015 Fla. App. LEXIS 8497, 2015 WL 3480114

Snippet: amendment to section 501.211(2), Florida Statutes. Prior to 2001, section 501.211(2) read: In any individual

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: District Court of Appeal of Florida | Date Filed: 2015-06-03

Snippet: amendment to section 501.211(2), Florida Statutes. Prior to 2001, section 501.211(2) read: In any

Bull Motors, LLC v. Brown

Court: District Court of Appeal of Florida | Date Filed: 2014-11-05

Citation: 152 So. 3d 32, 2014 Fla. App. LEXIS 18103, 2014 WL 5654266

Snippet: declaratory and injunctive relief under section 501.211 of the Florida Statutes, Florida’s Deceptive and

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

Court: District Court of Appeal of Florida | Date Filed: 2012-09-07

Citation: 123 So. 3d 1149, 2012 WL 3870405, 2012 Fla. App. LEXIS 14997

Snippet: availability of injunctive relief available under section 501.211 to enjoin conduct that constitutes a deceptive

Dorestin v. Hollywood Imports, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-08-11

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

Rodriguez v. Recovery Performance & Marine, LLC

Court: District Court of Appeal of Florida | Date Filed: 2010-05-19

Citation: 38 So. 3d 178, 2010 Fla. App. LEXIS 6917, 2010 WL 1979286

Snippet: any damages that were recoverable under section 501.211(2), Florida Statutes (2009). Recovery asserted

Hialeah Automotive, LLC v. Basulto

Court: District Court of Appeal of Florida | Date Filed: 2009-01-28

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: District Court of Appeal of Florida | Date Filed: 2009-01-05

Citation: 5 So. 3d 2, 2009 Fla. App. LEXIS 22, 2009 WL 18674

Snippet: any recoverable damages. Under FDUTPA section 501.211(2), Florida Statutes (1999), a consumer may recover

Rose v. ADT SEC. Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2008-09-11

Citation: 989 So. 2d 1244, 2008 WL 4162964

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

City First Mortg. Corp. v. Barton

Court: District Court of Appeal of Florida | Date Filed: 2008-07-16

Citation: 988 So. 2d 82, 2008 WL 2744274

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: District Court of Appeal of Florida | Date Filed: 2008-06-11

Citation: 985 So. 2d 1133

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