How to Make a FDUTPA Complaint for Misleading Emails 

If you have received false or misleading emails from a business you don’t have a relationship with, you may be able to file a complaint under FDUTPA.

What is the FDUTPA?

Florida’s Deceptive and Unfair Trade Protections Act, also known as FDUTPA, is a set of state laws put in place to protect consumers from misleading emails containing false or deceptive information. FDUTPA is also intended to protect legitimate businesses from unfair competition caused by these kinds of deceptive practices.

FDUTPA was passed back in 1973 and is designed as Florida’s accompaniment to the Federal Trade Commission Act. In fact, FDUTPA is sometimes referred to as the “Little FTC Act,” considering it addresses specific consumer protection law issues.

The purpose of the law can be broken into three parts:

1. Simplifying, clarifying, and modernizing laws over consumer protection, unfair competition, and deceptive or unfair trade practices.
2. Protecting the public and legitimate businesses from those who use these kinds of unfair or deceptive practices.
3. Making state consumer protection laws consistent with federal consumer protection laws.

What are Misleading Emails?

Misleading emails—often referred to as spam mail or junk mail—are prohibited under Florida law. It is important to note that not all spam or junk emails are technically misleading or deceptive, so not all spam emails are illegal. However, fraudulent, false, or deceptive spam emails are illegal under Florida’s Electronic Mail Communications Act, or FEMCA, which was enacted back in 2004. Florida is one of 37 states that have formed state email spam laws to protect consumers and businesses alike.

An email is considered to be in violation of FEMCA if all of the following are true:

• The email was sent for business or commercial purposes;
• The email was unsolicited and sent by a business the recipient had not done business with prior;
• The email was received by a Florida resident or was sent by a Florida business;

AND if at least one of the following is true:

• The email contains false/misleading information in the subject line; OR
• The email contains a false header (falsified, missing routing info, and/or obscures the sender).

If these stipulations apply, then the email is prohibited under FEMCA. A violation of FEMCA is also considered a per se violation of FDUTPA, meaning it is inherently illegal under FDUTPA as well.

What are the FDUTPA Statute of Limitations?

The FDUTPA statute of limitations requires that the injured party bring a lawsuit over a violation under this law within four years from the date of the violation, or within two years from the last payment in a violating act, whichever comes later.

What FDUTPA Punitive Damages Can be Claimed?

Violators of Florida’s misleading email laws can be fined for up to $500 per spam email sent. Many businesses may send hundreds or even thousands of these kinds of emails, so these fines can add up quickly. The law allows both competitor businesses and consumers to make claims under the law.

The Florida Bar Journal explains that the remedy provided to competitor organizations when a business violates the FDUTPA is a complicated one.

The Florida Bar Journal first explains that in 2001, FDUTPA was amended to allow those businesses who were purportedly harmed by another business sending misleading messages to seek relief under the law. This allows these businesses to make claims of “actual damages” caused by another business’s missteps and allows them to seek compensation for those damages.

Though this change was made in theory, in practice it is more complicated, says the journal. Reportedly, neither the Florida Legislature nor the Florida Legislature clarified what a business needs to do either claim damages or seek benefits because of them. 

The journal explains that this may be because actual damages are easier to pinpoint when a consumer, not a competitor business is affected. Whereas a consumer can point to a purchase they made because of a misleading piece of information sent by a business, it is harder to calculate what the monetary damage was to a particular competitor by another business making misleading claims, explains the bar. For instance, just because a business might have gained a customer from sending a misleading email, it does not mean that that customer was directly diverted from a competitor. 

Injunctive relief is easier to claim, states the journal — a business might be able to argue how they could be harmed in the future if another business continues to lure customers in with misleading information. 

What is a FDUTPA Demand Letter?

Before initiating litigation, a claimant may first send a demand letter in good faith warning about potential litigation. These pre-litigation letters can warn a business against continuing their conduct. Some recipients react poorly to these kinds of warnings and file FDUTPA claims in retaliation. However, courts have consistently dismissed these FDUTPA claims over pre-suit letters.

How to File a FDUTPA Complaint

If you are a Florida resident and have received misleading emails from a business, or if you received a misleading email from a Florida business, you may be able to file a FDUTPA complaint or even to join a free Florida email class action lawsuit investigation. Each FDUTPA complaint filed under Florida law is added to a state database for potential future enforcement action by the Attorney General, according to the Florida Attorney General’s website.

You can file a FDUTPA complaint through the Attorney General Contact Form.

A misleading email lawsuit was filed against Caribbean Cruise Line for sending unsolicited emails with a subject line claiming the recipients had won a “cruise to the Bahamas,” only to find out that the cruise was not a free prize, as suggested by the subject line.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Make sure you keep the applicable email or emails as evidence to help strengthen your case.

Join a Florida Spam Email Class Action Lawsuit Investigation

If you are a Florida resident and received emails from a business that contained false or misleading information in the subject line, OR if you received an email from a Florida business that contained false or misleading information in the subject line, you may be able to join a Florida email class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.