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: Supreme Court of Florida | Date Filed: 2021-10-14

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: District Court of Appeal of Florida | Date Filed: 2018-01-05

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: District Court of Appeal of Florida | Date Filed: 2016-04-27

Citation: 190 So. 3d 203, 2016 WL 1660619, 2016 Fla. App. LEXIS 6412

Snippet: on separate proposals for settlement and section 817.41(6), Florida Statutes (2014). We affirm the final-judgment

Anna Maria Curcio v. State of Florida Department etc.

Court: District Court of Appeal of Florida | Date Filed: 2015-05-26

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: District Court of Appeal of Florida | Date Filed: 2012-05-25

Citation: 90 So. 3d 851, 2012 WL 1885909, 2012 Fla. App. LEXIS 8394

Snippet: Brenda Masut, Tom Howell, and Richard Conboy. See § 817.41(6), Fla. Stat. (1997). The award was based on the

BLACK DIAMOND PROPERTIES, INC. v. Haines

Court: District Court of Appeal of Florida | Date Filed: 2011-09-23

Citation: 69 So. 3d 1090, 2011 Fla. App. LEXIS 15169, 2011 WL 4435805

Snippet: false and misleading advertising under section 817.41, Florida Statutes (1997). Defendants argue that

Black Diamond Properties, Inc. v. Haines

Court: District Court of Appeal of Florida | Date Filed: 2010-05-28

Citation: 36 So. 3d 819, 2010 Fla. App. LEXIS 7677, 2010 WL 2131712

Snippet: claims: (1) misleading advertising under section 817.41 of the Florida Statutes, (2) deceptive and unfair

Engle v. Liggett Group, Inc.

Court: Supreme Court of Florida | Date Filed: 2006-12-21

Citation: 945 So. 2d 1246, 2006 Fla. LEXIS 2952, 2006 WL 3742610

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: District Court of Appeal of Florida | Date Filed: 2006-12-15

Citation: 951 So. 2d 860, 2006 WL 3686484

Snippet: Florida Statutes, sections 772.104, 817.06, and 817.41."[2] The circuit court certified both the Orkin

Rollins, Inc. v. Butland

Court: District Court of Appeal of Florida | Date Filed: 2006-06-30

Citation: 932 So. 2d 1172, 2006 WL 1791705

Snippet: Florida Statutes, sections 772.104, 817.06, and 817.41."[2] The circuit court certified both the Orkin

Joseph v. Liberty Nat. Bank

Court: District Court of Appeal of Florida | Date Filed: 2004-04-08

Citation: 873 So. 2d 384, 2004 WL 741416

Snippet: and one for misleading advertising under section 817.41, Florida Statutes (1999). The Bank moved for summary

Rollins, Inc. v. Butland

Court: District Court of Appeal of Florida | Date Filed: 2003-08-06

Citation: 852 So. 2d 895, 2003 WL 21799921

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

Sunset Harbour North Condo. Assoc. v. Bedzow

Court: District Court of Appeal of Florida | Date Filed: 2003-04-02

Citation: 842 So. 2d 200, 2003 Fla. App. LEXIS 4418, 2003 WL 1720387

Snippet: responsible for it. The Association relies upon section 817.41(4), Florida Statutes (1997), which provides as

Samuels v. King Motor Co. of Fort Lauderdale

Court: District Court of Appeal of Florida | Date Filed: 2001-03-28

Citation: 782 So. 2d 489, 2001 WL 313872

Snippet: advertising is defined under section 817.41, Florida Statutes (1997). Section 817.41 provides as follows: (1) It

State v. MARK MARKS, PA

Court: District Court of Appeal of Florida | Date Filed: 1995-05-24

Citation: 654 So. 2d 1184, 1995 WL 132149

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

Remova Pool Fence Co. v. Roth

Court: District Court of Appeal of Florida | Date Filed: 1994-12-21

Citation: 647 So. 2d 1022, 1994 WL 706302

Snippet: entitled to their attorney's fees pursuant to section 817.41(6) for time spent in litigating count II of the

Kraft Gen. Foods, Inc. v. Rosenblum

Court: District Court of Appeal of Florida | Date Filed: 1994-04-06

Citation: 635 So. 2d 106

Snippet: relief for misleading advertising under section 817.41, Florida Statutes (1991),[1] and a claim for relief

Weaver v. School Bd. of Leon County

Court: District Court of Appeal of Florida | Date Filed: 1993-09-14

Citation: 624 So. 2d 761, 1993 Fla. App. LEXIS 9224, 1993 WL 347689

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: District Court of Appeal of Florida | Date Filed: 1990-02-07

Citation: 555 So. 2d 1256, 1989 WL 146174

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

Izadi v. MacHado (Gus) Ford, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1989-08-01

Citation: 550 So. 2d 1135, 14 Fla. L. Weekly 1806, 1989 Fla. App. LEXIS 4354, 1989 WL 85264

Snippet: prohibition against misleading advertising, section 817.41, Florida Statutes (1987).[10] See Day v. Le-Jo