Yes! Competitors Have Standing to Sue in FDUTPA Cases

Background Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. §§ 501.201-213, can be a powerful weapon against unfair business practices. The statute broadly prohibits any, “Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Think about that for a second. While most causes of action require plaintiffs to meet a much more specific standard, plaintiffs in FDUTPA claims can simply assert that the defendant has engaged in unfair or deceptive conduct. Additionally, FDUTPA’s broad attorneys’ fees provision generally allows the prevailing party to recover all of its fees for the

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