Boca Raton False Advertising Attorney
Florida Brand Protection Lawyers Helping Victims of Unfair Business Practices
The world of business is a competitive, sometimes cutthroat field. Competition is healthy for competing businesses and benefits society as a whole, but not all businesses play fair. Florida has laws in place to prevent unfair competition due to practices such as false advertising that harm consumers as well as competing businesses. If you believe a competitor is engaged in deceptive or unfair business practices, or if you have been accused of unfair trade practices, work with an experienced Boca Raton false advertising attorney to protect your rights, your good name, and the inestimable value of your brand.
What is False Advertising?
False advertising is one of the many prohibited acts under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) (Florida Statutes 501.201-501.213). FDUPTA declares unlawful any unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce. The FDUPTA does not specifically define false advertising or provide examples of prohibited conduct, but a number of different activities have been found to violate the FDUPTA over the years. These include:
- “Bait and switch” tactics where an item is advertised for sale, but then is unavailable and customers are instead shown other goods that are pricier or of lower-quality
- Misrepresenting used products as though they were new
- Online marketing where actual news items are interspersed with deceptively-placed ads or content sponsored by the business which is not labeled as such
The FDUPTA is intended to be broadly interpreted in favor of legitimate businesses, and businesses that engage in false advertising can be exposed to civil liability. A person aggrieved by false advertising can go to court for a declaratory judgment that the business engaged in unlawful activities. If the person has suffered a monetary loss due to the false advertising, that person can recover compensation for the actual damages caused, along with attorney’s fees and costs of the lawsuit.
To obtain money damages on a false advertising claim, you must be able to prove a material misrepresentation or omission that affected a customer’s purchase decision, as judged by an objective “reasonable consumer” standard. An experienced Florida false advertising attorney can advise you on whether you have a claim and take the necessary steps to build a strong case proving the company’s liability for its unlawful acts.
Contact a Boca Raton False Advertising Attorney
If you believe a competitor is engaging in false advertising in violation of Florida law or federal law, an experienced Boca Raton false advertising attorney can help. We help South Florida companies protect their brand and stop illegal and unfair competition. Contact Perkins Pershes, PLLC today to find out how we can help you.
This is not intended to provide legal advice, as each circumstance is fact-specific as to how the law applies. Advice from a knowledgeable attorney should be obtained.