501.211
Other individual remedies.
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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, & Associates, P.A.
Kelly v. Palmer, Reifler, & Associates, P.A. (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.”
STEWART AGENCY, INC., d/b/a EARL STEWART TOYOTA OF NORTH PALM BEACH v. ARRIGO ENTERPRISES, INC. d/b/a ARRIGO DODGE CHRYS (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…”
Bailey v. St. Louis (2016)
“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 Business Bureau of Palm Beach County, Inc. (2015)
“§ 501.211(2), Fla. Stat. (2000) (emphasis added).”
Furmanite America, Inc. v. T.D. Williamson, Inc. (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.”
Shawn Ahearn, on behalf of himself and all etc. v. Mayo Clinic, a Florida Corporation Mayo etc. (2015)
“§ 501.211, Fla. Stat. (2013) (emphasis added).”
Off Lease Only, Inc. v. LeJeune Auto Wholesale, Inc. (2016)
“Section 501.211, Florida Statutes, provides remedies for a violation of FDUTPA.”
American Honda Motor Co. v. Motorcycle Information Network, Inc. (2005)
“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. (2009)
“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 Property Management, Inc. (2003)
“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. (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.”
Niles Audio Corp. v. OEM Systems Co., Inc. (2001)
“Niles FDUTPA claim is based on Florida Statute § 501.211, which authorizes a private cause of action for injunctive relief (§ 501.”
— 501.211(1) — 39 cases
STEWART AGENCY, INC., d/b/a EARL STEWART TOYOTA OF NORTH PALM BEACH v. ARRIGO ENTERPRISES, INC. d/b/a ARRIGO DODGE CHRYS (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, & Associates, P.A. (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. (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 and all etc. v. Mayo Clinic, a Florida Corporation Mayo etc. (2015)
“§ 501.211, Fla. Stat. (2013) (emphasis added).”
— 501.211(2) — 82 cases
STEWART AGENCY, INC., d/b/a EARL STEWART TOYOTA OF NORTH PALM BEACH v. ARRIGO ENTERPRISES, INC. d/b/a ARRIGO DODGE CHRYS (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…”
Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc. (2015)
“§ 501.211(2), Fla. Stat. (2000) (emphasis added).”
Kelly v. Palmer, Reifler, & Associates, P.A. (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.”
Furmanite America, Inc. v. T.D. Williamson, Inc. (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 (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
— 501.211(4) — 1 case
— 501.211(4)(d) — 1 case
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