A Confusing Split Over 'Reasonable Consumer' In Fla. Courts

By Aaron Weiss and James Czodli (June 28, 2021, 4:42 PM EDT) -- At least since 1903 — when Judge Richard Collins, acting as Master of the Rolls in the English Court of Appeal libel case decision of McQuire v. Western Morning News Co., discussed the "reasonable man" standard as the perspective of "the man on the Clapham omnibus"[1] — lawyers and judges throughout countries with common law traditions have wrestled with this standard.[2]

In this column, we look at different issues under the Florida Deceptive and Unfair Trade Practices Act, or FDUTPA, and particularly highlight areas in which courts are split. One place where decisions diverge is on the question of who decides...

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