Why Fla. Courts Are Split On Unfairness Under Consumer Law

Law360 (June 8, 2020, 4:11 PM EDT) -- It is clear by looking at the newly filed cases and reported decisions in Florida courts that litigation under the Florida Deceptive and Unfair Trade Practices Act, or FDUTPA, is quite prevalent and does not appear to be letting up any time soon. What is not clear, however, is what standard a particular trial court will use to evaluate the unfairness prong of the statute.

To explain why there is a split and what this means for lawyers, clients and judges navigating these issues in Florida in 2020, it is useful to take a trip back in time — specifically to...

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