The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 501
CONSUMER PROTECTION

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F.S. 501.207

501.207 Remedies of enforcing authority.—

(1) The enforcing authority may bring:

(a) An action to obtain a declaratory judgment that an act or practice violates this part.

(b) An action to enjoin any person who has violated, is violating, or is otherwise likely to violate, this part.

(c) An action on behalf of one or more consumers or governmental entities for the actual damages caused by an act or practice in violation of this part. However, damages are not recoverable under this section against a retailer who has in good faith engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that it violated this part.

(2) Before bringing an action under paragraph (1)(a) or paragraph (1)(c), the head of the enforcing authority shall review the matter and determine if an enforcement action serves the public interest. This determination shall be made in writing, but shall not be subject to the provisions of chapter 120.

(3) Upon motion of the enforcing authority or any interested party in any action brought under subsection (1), the court may make appropriate orders, including, but not limited to, appointment of a general or special magistrate or receiver or sequestration or freezing of assets, to reimburse consumers or governmental entities found to have been damaged; to carry out a transaction in accordance with the reasonable expectations of consumers or governmental entities; to strike or limit the application of clauses of contracts to avoid an unconscionable result; to bring actions in the name of and on behalf of the defendant enterprise, without regard to any wrongful acts that were committed by the enterprise; to order any defendant to divest herself or himself of any interest in any enterprise, including real estate; to impose reasonable restrictions upon the future activities of any defendant to impede her or him from engaging in or establishing the same type of endeavor; to order the dissolution or reorganization of any enterprise; or to grant legal, equitable, or other appropriate relief. The court may assess the expenses of a general or special magistrate or receiver against a person who has violated, is violating, or is otherwise likely to violate this part. Any injunctive order, whether temporary or permanent, issued by the court shall be effective throughout the state unless otherwise provided in the order.

(4) If a violator shows that a violation of this part resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error, recovery under this section is limited to the amount, if any, by which the violator was unjustly enriched by the violation.

(5) No action may be brought by the enforcing authority under this section more than 4 years after the occurrence of a violation of this part or more than 2 years after the last payment in a transaction involved in a violation of this part, whichever is later.

(6) The enforcing authority may terminate an investigation or an action upon acceptance of a person’s written assurance of voluntary compliance with this part. Acceptance of an assurance may be conditioned on a commitment to reimburse consumers or governmental entities, make contributions, pay civil penalties, pay attorney’s fees and costs, or take other appropriate corrective action. An assurance is not evidence of a prior violation of this part. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation of this part. Such assurance is not a limitation upon any action or remedy available to a person aggrieved by a violation of this part.

(7) In any trial or other proceeding brought by the enforcing authority pursuant to this part, statements having circumstantial guarantees of trustworthiness may be used to supplement and explain other evidence and shall not be excluded as hearsay evidence, even though the declarant is available as a witness, if the trier of fact determines that:

(a) The statement is offered as evidence of a material fact;

(b) The statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and

(c) The general purpose of the Florida Rules of Evidence and the interests of justice will be best served by the admission of such statement into evidence.

However, a statement may not be admitted hereunder unless the proponent of it makes known to the adverse party, sufficiently in advance of the trial or proceeding to provide the adverse party with a fair opportunity to prepare to meet it, the proponent’s intention to offer the statement and the particulars of it, including the name and address of the declarant.

History.—s. 1, ch. 73-124; s. 3, ch. 79-386; s. 2, ch. 85-3; s. 4, ch. 90-190; s. 4, ch. 92-133; s. 8, ch. 93-38; s. 629, ch. 97-103; s. 3, ch. 2001-39; s. 24, ch. 2001-214; s. 89, ch. 2004-11; s. 3, ch. 2006-196.

F.S. 501.207 on Google Scholar

F.S. 501.207 on Casetext

Amendments to 501.207

Arrestable Offenses / Crimes under Fla. Stat. 501.207

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 501.207.

Annotations, Discussions, Cases:

Cases from cite.case.law:

OFFICE OF ATTORNEY GENERAL, v. BILOTTI, Jr. s, P. A. P. A. P. A. P. A. d b a, 267 So. 3d 1 (Fla. App. Ct. 2019)

. . . DCA 2017), does not require the AG to plead "actual damages" to get injunctive relief under section 501.207 . . . against appellees pursuant to the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), section 501.207 . . . We accept the AG's argument that subparagraph (1)(b) of section 501.207 does not require an enforcing . . . Section 501.207(1)(b) allows an enforcing authority to bring an action to "enjoin any person who has . . . Office of the Attorney Gen. , 761 So.2d 1256, 1260 (Fla. 3d DCA 2000) ("[B]ecause section 501.207(1)( . . .

FEDERAL TRADE COMMISSION v. LIFE MANAGEMENT SERVICES OF ORANGE COUNTY, LLC, LLC, IVD LLC, KWP LLC, KWP LLC, LLC, L. L. C. PW F LLC, UAD LLC, UAD FL LLC, URB LLC, YCC LLC, YFP LLC, W. P. N. H. M., 350 F. Supp. 3d 1246 (M.D. Fla. 2018)

. . . . § 501.207(1)(b). . . .

IN RE PACKAGED SEAFOOD PRODUCTS ANTITRUST LITIGATION, 338 F. Supp. 3d 1079 (S.D. Cal. 2018)

. . . . § 501.207(1). . . .

OUTREACH HOUSING, LLC, L. v. OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS,, 221 So. 3d 691 (Fla. Dist. Ct. App. 2017)

. . . Outreach, although only 108 submitted statements which were admitted into evidence pursuant to section 501.207 . . . Section 501.207, Florida Statutes, provides: The enforcing authority may bring: (a) An action to obtain . . . court reinstated the restitution claims, specifically explaining that the broad language in section 501.207 . . . Section 501.207(1), Florida Statutes, is amplified by section 501.207(3), Florida Statutes, which allows . . . The trial court admitted evidence of these complaints pursuant to section 501.207(7), Florida Statutes . . .

SANDERS, v. DRIVETIME CAR SALES COMPANY, LLC, d b a, 221 So. 3d 718 (Fla. Dist. Ct. App. 2017)

. . . See §§ 501.206, 501.207, & 501.211, Fla. Stat. (2015). . . .

SUPREME AUTO TRANSPORT LLC, v. ARCELOR MITTAL,, 238 F. Supp. 3d 1032 (N.D. Ill. 2017)

. . . . § 501.207 (empowering courts to reimburse consumers found to have been damaged by violators of Florida's . . .

E- RACER TECH, LLC d b a It PC, a N. v. OFFICE OF ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS,, 198 So. 3d 1107 (Fla. Dist. Ct. App. 2016)

. . . adequate legal remedy, or public interest as ordinarily required for a temporary injunction, since Section 501.207 . . .

DANA S RAILROAD SUPPLY, TM LLC, s v. ATTORNEY GENERAL, FLORIDA,, 807 F.3d 1235 (11th Cir. 2015)

. . . . §§ 501.206(5), 501.207, 501.2075, 501.2077, 501.208(7), 501.211. . . .

DEMOCRATIC REPUBLIC OF THE CONGO, v. AIR CAPITAL GROUP, LLC ABAD,, 614 F. App'x 460 (11th Cir. 2015)

. . . . § 501.207(l)(c) (emphasis added); see also id. § 501.203(2). . . .

STATE v. BEACH BLVD AUTOMOTIVE, INC. a a O. Sr., 139 So. 3d 380 (Fla. Dist. Ct. App. 2014)

. . . . § 501.207(1)(a)-(c), Fla. Stat. (2011). . . . . § 501.207(5), Fla. Stat. (2011). . . . As section 501.207(1) provides, the enforcing authority may bring an action under FDUTPA for a declaratory . . .

IN RE CATHODE RAY TUBE CRT ANTITRUST LITIGATION. v. No. v. No. v., 27 F. Supp. 3d 1015 (N.D. Cal. 2014)

. . . Tech Data relies on Section 501.207(l)(e) of the Florida Statutes, which gives the State the authority . . . Stat. § 501.207(l)(c). . . .

FEDERAL TRADE COMMISSION v. TAX CLUB, INC., 994 F. Supp. 2d 461 (S.D.N.Y. 2014)

. . . . § 501.207(l)(b), which the Amended Complaint does. (AC ¶¶ 161— 62). . . .

In NEXIUM ESOMEPRAZOLE ANTITRUST LITIGATION, 968 F. Supp. 2d 367 (D. Mass. 2013)

. . . . § 501.207(5) (“No action may be brought by the enforcing authority under this section more than 4 years . . .

In MONA LISA AT CELEBRATION, LLC, v. LLC, v. LLC, v. LLC, v. LLC,, 472 B.R. 582 (Bankr. M.D. Fla. 2012)

. . . . § 501.207; § 501.211(2) & § 501.2105. . . . .

TAUBERT, v. STATE OFFICE OF ATTORNEY GENERAL,, 79 So. 3d 77 (Fla. Dist. Ct. App. 2011)

. . . Section 501.207(l)(c), Florida Statutes (2006), authorizes the OAG to bring an action “on behalf of one . . . In addition, section 501.207(3) authorizes a trial court to “make appropriate orders ... to reimburse . . . In concluding the OAG could not, the court stated in pertinent part: 501.207(l)(c) explicitly provides . . . See § 501.207, Fla. Stat. (2006). . . .

LAW OFFICE OF DAVID J. STERN, P. A. v. STATE, 83 So. 3d 847 (Fla. Dist. Ct. App. 2011)

. . . . § 501.207(1). The subpoena at issue in Shapiro & Fishman is very similar to the instant subpoena. . . .

In HEARTLAND PAYMENT SYSTEMS, INC. CUSTOMER DATA SECURITY BREACH LITIGATION., 834 F. Supp. 2d 566 (S.D. Tex. 2011)

. . . . § 501.207(c). . . .

A. McKENZIE, G. LLC d b a v. BETTS, 55 So. 3d 615 (Fla. Dist. Ct. App. 2011)

. . . Under FDUTPA, section 501.207(l)(c) permits the enforcing authority to bring “an action on behalf of . . .

S. D. S. AUTOS, INC. a d b a v. A. CHRZANOWSKI, M. G. B. a v. C. M. G. H., 976 So. 2d 600 (Fla. Dist. Ct. App. 2007)

. . . See §§ 501.207 and 501.203(2), Fla. Stat. (2005). . . .

ROLLINS, INC. v. BUTLAND, 951 So. 2d 860 (Fla. Dist. Ct. App. 2006)

. . . . §§ 501.203, 501.207, Fla. Stat.; see Fonte v. . . .

ROLLINS, INC. v. BUTLAND, 932 So. 2d 1172 (Fla. Dist. Ct. App. 2006)

. . . . §§ 501.203, 501.207, Fla. Stat.; see Fonte v. . . .

FONTE, v. AT T WIRELESS SERVICES, INC., 903 So. 2d 1019 (Fla. Dist. Ct. App. 2005)

. . . . §§ 501.203 & 501.207, Fla. Stat. . . .

In CARDIZEM CD ANTITRUST LITIGATION, 218 F.R.D. 508 (E.D. Mich. 2003)

. . . . § 501.207; Iowa Code § 714.16(7); N.Y. Exec. Law § 63(1) (McKinney’s 1994), N.Y. Gen. Bus. . . .

A. HAUN, v. DON MEALY IMPORTS, INC. d b a, 285 F. Supp. 2d 1297 (M.D. Fla. 2003)

. . . See chs. 501.203(2), 501.207; see also LJS Company v. . . .

OFFICE OF ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA, v. MILLENNIUM COMMUNICATIONS FULFILLMENT, INC. d b a, 800 So. 2d 255 (Fla. Dist. Ct. App. 2001)

. . . collectively “Millennium”) under Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”), section 501.207 . . .

MILLENNIUM COMMUNICATIONS FULFILLMENT, INC. v. OFFICE OF ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,, 761 So. 2d 1256 (Fla. Dist. Ct. App. 2000)

. . . “Department”) pursuant to The Florida Deceptive and Unfair Trade Practices Act (“FDUT-PA”), section 501.207 . . . However, because section 501.207(l)(b) expressly authorizes the Department to seek injunctive relief . . .

FEDERAL TRADE COMMISSION v. MYLAN LABORATORIES, INC. S. R. L., 99 F. Supp. 2d 1 (D.C. Cir. 1999)

. . . . § 501.207. . . .

WARREN TECHNOLOGY, INC. f k a Co. a v. HINES INTERESTS LIMITED PARTNERSHIP, a, 733 So. 2d 1146 (Fla. Dist. Ct. App. 1999)

. . . See § 501.207, Fla. Stat. (1991). . . .

HIMES, v. BROWN COMPANY SECURITIES CORPORATION,, 518 So. 2d 937 (Fla. Dist. Ct. App. 1987)

. . . See §§ 501.207, .2075, Fla.Stat. (1985). . . .

STATE v. DE ANZA CORPORATION, d b a De, 416 So. 2d 1173 (Fla. Dist. Ct. App. 1982)

. . . Section 501.207(l)(b), Florida Statutes (1979), the authority for Count I, allows the enforcing authority . . .

KASHA, v. DEPARTMENT OF LEGAL AFFAIRS,, 375 So. 2d 43 (Fla. Dist. Ct. App. 1979)

. . . As required by Section 501.207, Florida Statutes (1977), the Agency conducted a hearing to determine . . .

STATE RENO, v. BARQUET, 358 So. 2d 230 (Fla. Dist. Ct. App. 1978)

. . . Section 501.207 Florida Statutes of the Act provides all remedies for violations of the Act. . . . The question arises here whether the State Attorney may obtain damages on behalf of the State under 501.207 . . . It appears to me they may not. “7. 501.207(l)(c) explicitly provides all actions for actual damages shall . . .

W. BLACK, Jr. H. v. DEPARTMENT OF LEGAL AFFAIRS,, 353 So. 2d 655 (Fla. Dist. Ct. App. 1977)

. . . Subsection (3) of Section 501.207 of the act provides that in any action brought under the act “the court . . .

STATE M. HERRING, v. C. MURDOCK, 345 So. 2d 759 (Fla. Dist. Ct. App. 1977)

. . . The complaint specifically relied on the authority granted in Section 501.207(1)(b) “to enjoin a supplier . . . However, we cannot ignore the specific language used by the legislature in Section 501.207(1)(b) restricting . . . For example see Sections 501.207(1)(a) and 501.208. . . .

L. SHEVIN, v. I. THUOTTE d b a d b a d b a, 339 So. 2d 253 (Fla. Dist. Ct. App. 1976)

. . . Section 501.207, Florida Statutes (1975) authorizes him to bring an action on behalf of all consumers . . .

DEPARTMENT OF LEGAL AFFAIRS, v. ROGERS, d b a, 329 So. 2d 257 (Fla. 1976)

. . . Sections 501.207, 501.208, 501.211, Florida Statutes. . . . .

LAVERS v. STATE DEPARTMENT OF LEGAL AFFAIRS,, 326 So. 2d 80 (Fla. Dist. Ct. App. 1976)

. . . Legal Affairs which the Attorney General, head of that Department, modified on review pursuant to §§ 501.207 . . . maintain an action on behalf of one or more consumers for their actual damages, as contemplated by § 501.207 . . . But he pressed for a determination, pursuant to § 501.207, that there is probable cause for the Department . . .