Florida Statute 817.41 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.41

817.41 Misleading advertising prohibited.—

(1) It shall be unlawful for any person to make or disseminate or cause to be made or disseminated before the general public of the state, or any portion thereof, any misleading advertisement. Such making or dissemination of misleading advertising shall constitute and is hereby declared to be fraudulent and unlawful, designed and intended for obtaining money or property under false pretenses.

(2) It shall be unlawful for any person to advertise, in any way or by any medium whatsoever, any sale as a “wholesale sale,” “below cost sale,” or terms of similar purport, unless the goods, wares or merchandise offered for sale thereby are offered by the seller at or below his or her delivered net cost price, or below the average wholesale price of such goods, wares, or merchandise. Such advertising of goods, wares, or merchandise for sale shall constitute and is hereby declared to be fraudulent and unlawful, designed and intended for obtaining money or property under false pretenses.

(3) Any retailer using the term or phrase “wholesale sale,” “below cost sale,” or terms of similar purport, in connection with the sale of goods, wares, or merchandise at retail, shall, upon demand by a customer, forthwith make available, unless the same shall have theretofore been made available, to the Better Business Bureau, the Merchant’s Division of the Chamber of Commerce, or to the state attorney’s office for inspection, invoices, or shipping charges or true and correct copies thereof, of any goods, wares, or merchandise so offered for sale, described or represented, indicating the delivery net cost to the seller of the particular goods, wares or merchandise sold or offered for sale, from which the seller’s delivered net cost may be determined. The said retailer shall also and at the same time give all reasonable assistance in determining and ascertaining his or her net cost price of said goods, wares, or merchandise. The said Better Business Bureau, Merchant’s Division of the Chamber of Commerce or state attorney, upon determining the said delivered net cost, shall forthwith issue a certificate evidencing such delivered net cost, as determined, and deliver the same to the retailer for delivery or exhibition to the customer. Unless such certificate shall show a delivered net cost equal to or in excess of the advertised price, the retailer shall be presumed to have violated this law.

(4) There shall be a rebuttable presumption that the person named in or obtaining the benefits of any misleading advertisement or any such sale is responsible for such misleading advertisement or unlawful sale.

(5) No retailer shall knowingly and willfully advertise merchandise for sale at a special or wholesale price, in any way or by any medium whatsoever, if he or she does not have sufficient quantities of the advertised merchandise to meet the reasonably foreseeable demand, unless the fact of limited quantity and the approximate number of items is stated in the advertisement, or unless the retailer provides a means by which the consumer may obtain the advertised item at the advertised price within a reasonable time or a value equivalent thereto.

(6) Any person prevailing in a civil action for violation of this section shall be awarded costs, including reasonable attorney’s fees, and may be awarded punitive damages in addition to actual damages proven. This provision is in addition to any other remedies prescribed by law.

History.—s. 2, ch. 59-301; s. 1, ch. 73-60; s. 2, ch. 77-304; s. 1258, ch. 97-102.

F.S. 817.41 on Google Scholar

F.S. 817.41 on Casetext

Amendments to 817.41

Arrestable Offenses / Crimes under Fla. Stat. 817.41

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

S817.41 - FRAUD - MISLEADING ADVERTISEMENTS - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 817.41

Total Results: 20

The Florida Bar v. TIKD Services LLC, A Foreign Limited Liability Company, and Christopher Riley, individually and as Founder of TIKD Services, LLC

Court: Fla. | Date Filed: 2021-10-14T00:53:00-07:00

Snippet: advertisement generally applicable in Florida. See §§ 817.41, 817.44, Fla. Stat. (2020). substantially impair

Sun 'N Lake of Sebring Improvement Dist. v. Ayala

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-05T00:00:00-08:00

Citation: 247 So. 3d 572

Snippet: arising under part II of chapter 501 ... and section 817.41 ... respectively. Neither of those statutes contains

Deer Valley Realty, Inc. v. SB Hotel Associates, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-27T00:00:00-07:00

Citation: 190 So. 3d 203

Snippet: on separate proposals for settlement and section 817.41(6), Florida Statutes (2014). We affirm the final-judgment… misleading advertising in violation of section 817.41, Florida Statutes.. It alleged detrimental reliance…of the Florida Rules of Civil Procedure; section 817.41(6), Florida Statutes; and ILSA. The trial court…from December 13, 2013 pursuant to Fla. Stat. § 817.41(6).” 2 .. On appeal, the plaintiff…handling of punitive damages and reference to section 817.41(6). Next, the plaintiff argues the trial-court

Anna Maria Curcio v. State of Florida Department etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-26T00:00:00-07:00

Citation: 164 So. 3d 750

Snippet: unfair and deceptive trade practices) and section 817.41 (misleading advertising), respectively. Neither

Black Diamond Properties, Inc. v. Haines

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-25T00:00:00-07:00

Citation: 90 So. 3d 851

Snippet: Brenda Masut, Tom Howell, and Richard Conboy. See § 817.41(6), Fla. Stat. (1997). The award was based on the…misleading advertising, as prohibited by section 817.41(2). While this appeal was pending, we reversed

BLACK DIAMOND PROPERTIES, INC. v. Haines

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-23T00:00:00-07:00

Citation: 69 So. 3d 1090

Snippet: false and misleading advertising under section 817.41, Florida Statutes (1997). Defendants argue that…Haineses timely filed their claim under section 817.41, any further discussion regarding the statute of…facts of this case. We conclude that the section 817.41 claims of Angelo and Brenda Masut, Tom Howell, …that the jury instruction regarding their section 817.41 claim is erroneous and requires reversal. We agree…that has developed since the adoption of section 817.41(1) requires one seeking to maintain a civil *1095

Black Diamond Properties, Inc. v. Haines

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-28T00:00:00-07:00

Citation: 36 So. 3d 819

Snippet: claims: (1) misleading advertising under section 817.41 of the Florida Statutes, (2) deceptive and unfair…Plaintiff Bristol. This appeal timely followed. Section 817.41(6) of the Florida Statutes (2003) authorizes the…prevailing party attorney's fees as follows: 817.41 Misleading advertising published. * * * (6) Any…to any other remedies prescribed by law. *821 § 817.41(6), Fla. Stat. (2003). Section 501.2105(1) of Florida…Diamond sought fees and costs pursuant to sections 817.41(6) and 501.2105(1) of the Florida Statutes. Both

Engle v. Liggett Group, Inc.

Court: Fla. | Date Filed: 2006-12-21T00:00:00-08:00

Citation: 945 So. 2d 1246

Snippet: public by the FSA Defendants in violation of section 817.41, Florida Statutes (1995).[7] In the present case

Rollins, Inc. v. Butland

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-15T00:00:00-08:00

Citation: 951 So. 2d 860

Snippet: Florida Statutes, sections 772.104, 817.06, and 817.41."[2] The circuit court certified both the …of the State of Florida in violation of section 817.41(1), Florida Statutes. For the redress of this alleged…damages in addition to the actual damages proven. § 817.41(6), Fla. Stat. In count III of the complaint, the…misleading advertisements in violation of section 817.41(1). See §§ 772.104, 817.06. The circuit court certified… claim for misleading advertising under section 817.41(1) and the related racketeering claim, the Appellees

Rollins, Inc. v. Butland

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-30T00:53:00-07:00

Citation: 932 So. 2d 1172

Joseph v. Liberty Nat. Bank

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-08T00:53:00-07:00

Citation: 873 So. 2d 384

Snippet: and one for misleading advertising under section 817.41, Florida Statutes (1999). The Bank moved for summary… relating to such property or services. Section 817.41(1), Florida Statutes (1999), which prohibits misleading…Florida Statutes (1999), makes violation of section 817.41 a first degree misdemeanor. Although the statute…that has developed since the adoption of section 817.41(1) requires one seeking to maintain a civil action…definition of misleading advertising supplied in section 817.41(1) includes the requirement that the representor

Rollins, Inc. v. Butland

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-06T00:53:00-07:00

Citation: 852 So. 2d 895

Snippet: Florida Statutes, sections 772.104, 817.06, and 817.41." The trial court issued a twelve-page order

Sunset Harbour North Condo. Assoc. v. Bedzow

Court: Fla. Dist. Ct. App. | Date Filed: 2003-04-02T00:00:00-08:00

Citation: 842 So. 2d 200

Snippet: responsible for it. The Association relies upon section 817.41(4), Florida Statutes (1997), which provides as …misleading advertisements in violation of section 817.41, Florida Statutes (1997). Sara Bed-zow did not

Samuels v. King Motor Co. of Fort Lauderdale

Court: Fla. Dist. Ct. App. | Date Filed: 2001-03-28T00:00:00-08:00

Citation: 782 So. 2d 489

Snippet: advertising is defined under section 817.41, Florida Statutes (1997). Section 817.41 provides as follows: (1) It…addition to any other remedies prescribed by law. § 817.41(1), (6), Fla. Stat. (1997). "Misleading advertising…misleading advertising under sections 817.40(5) and 817.41(1). Accordingly, the trial court did not err in

State v. MARK MARKS, PA

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-24T00:00:00-07:00

Citation: 654 So. 2d 1184

Snippet: 1191 certain terms and the other statute (section 817.41) prohibited certain activities and proscribed punishment

Remova Pool Fence Co. v. Roth

Court: Fla. Dist. Ct. App. | Date Filed: 1994-12-20T23:53:00-08:00

Citation: 647 So. 2d 1022

Snippet: to their attorney's fees pursuant to section 817.41(6) for time spent in litigating count II of the… did not seek attorney's fees under section 817.41(6) in any of their motions for attorney's fees… of attorney's fees on the basis of section 817.41(6). We therefore conclude that appellees were not

Kraft Gen. Foods, Inc. v. Rosenblum

Court: Fla. Dist. Ct. App. | Date Filed: 1994-04-06T00:53:00-07:00

Citation: 635 So. 2d 106

Snippet: to § 817.41(5), Florida Statutes, together with costs and attorney's fees pursuant to § 817.41(6), …important part of the remedy of 817.41." He continues that section 817.41 is a "public protection…relief for misleading advertising under section 817.41, Florida Statutes (1991),[1] and a claim for relief…quot;.[2] His demand for judgment under section 817.41 prayed: "WHEREFORE, Plaintiff prays that this…Moreover, section 768.72 is in conflict with section 817.41(6), which expressly authorizes punitive damages

Weaver v. School Bd. of Leon County

Court: Fla. Dist. Ct. App. | Date Filed: 1993-09-14T00:53:00-07:00

Citation: 624 So. 2d 761

Snippet: misleading advertising statute, sections 817.40 and 817.41, Florida Statutes (1987) contemplates both public

D & a EXCAVATING SERV., INC. v. JI Case Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-06T23:53:00-08:00

Citation: 555 So. 2d 1256

Snippet: misleading advertising statutes, sections 817.40 and 817.41, Florida Statutes (1987). The amount of the judgment…misleading advertising statutes, sections 817.40 and 817.41, Florida Statutes (1987). The amount of the judgment

Izadi v. MacHado (Gus) Ford, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-08-01T00:53:00-07:00

Citation: 550 So. 2d 1135

Snippet: prohibition against misleading advertising, section 817.41, Florida Statutes (1987).[10] See Day v. Le-Jo …plaintiff under breach of contract, violations of § 817.41 Fla. Stat. (1985), and fraud for misleading sales…cause of action for misleading advertising under § 817.41, Fla. Stat.); Committee on Children's Television