The 2023 Florida Statutes (including Special Session C)
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. . . Section 501.211(1) allows "anyone aggrieved by a violation of" FDUTPA to seek declaratory or injunctive . . . relief, and section 501.211(2) provides that "a person who has suffered a loss as a result of a [FDUTPA . . . Section 501.211(2), Florida Statutes (emphasis added), provides that, "In any action brought by a person . . . Section 501.211(1), Florida Statutes (emphasis added), provides: Without regard to any other remedy or . . . (1) is not synonymous with the requirement to show entitlement to actual damages under section 501.211 . . .
. . . . § 501.211. . . .
. . . . § 501.211(2) (providing only for actual damages) and Mass. Gen. . . .
. . . . § 501.211(1), (2) ).) . . .
. . . In fact, amendments to section 501.211(2) in 2001, "indicate[ ] that the [Florida] legislature no longer . . .
. . . . § 501.211(1). . . . Id. § 501.211(2). . . .
. . . . § 501.211(2), and restitution and actual damages are identical in this case, see Carriulo v. . . .
. . . . § 501.211. . . .
. . . See § 501.211(2) (allowing consumers to recover only “actual damages” for a loss incurred as a result . . .
. . . See §§ 501.206, 501.207, & 501.211, Fla. Stat. (2015). . . .
. . . where both parties moved for prevailing party attorney’s fees pursuant to FDUTPA sections 501.2105 and 501.211 . . .
. . . . § 501.211; (5) Declaratory Judgment; (6) Declaratory Judgment (LCTI Repayment Note Constitutes Usurious . . . Stat. § 501.211; (4) Declaratory Judgment; (5) Declaratory Judgment (LCTI Repayment Note Constitutes . . . Stat. § 501.211; (4) Declaratory Judgment; (5) Declaratory Judgment (LCTI Repayment Note Constitutes . . .
. . . Trustee of the Master Association, is “anyone aggrieved by a violation” as defined by Florida Statute 501.211 . . . the Master Association is also a “person” that has “suffered a loss” as defined by Florida Statute 501.211 . . .
. . . ." § 501.211(2) (emphasis added). . . .
. . . Florida Statute § 501.211, because JBP waived this claim by not addressing it on appeal. . . . We find that JBP has abandoned claim 10, which alleges a violation of Florida Statute § 501.211. . . . ; (9) fraud and misrepresentation; (10) Deceptive and Unfair Trade Practices Act, Florida Statute § 501.211 . . .
. . . . § 501.211. . . .
. . . See § 501.211(2), Fla. . . . Addressing this issue, the subsection providing' for a remedy of injunc-tive relief (§ 501.211(1)), has . . . weeks’ after the 2001 amendments to FDUTPA, that decision construed the pre-2001 language of section 501.211 . . . Section 501.211, Florida Statutes, provides remedies for a violation of FDUTPA. . . . and as detailed above, the Legislature broadened the potential class of claimants, amending section 501.211 . . .
. . . The Appellants’ FDUTPA claim is based on section 501.211, which authorizes a private cause of action . . . for injunctive relief, § 501.211(1), and damages, § 501.211(2). . . . Prior to 2001, section 501.211 provided as follows: (1) Without regard to any other remedy or relief . . . (1), but that only consumers could seek damages under section 501.211(2). . . . However, effective July 1, 2001, the' legislature amended section 501.211(2), Florida Statutes (2001) . . .
. . . . § 501.211 (2015); (4) Declaratory Judgment under Florida law; (5) Declaratory Judgment — Fee Note Constitutes . . .
. . . FDUTPA' were barred because Ahearn cannot establish that he is an aggrieved party pursuant to section 501.211 . . . Section 501.211 provides: (1) Without regard to any other remedy or'relief to which a person is entitled . . . (2), it may obtain injunctive relief under section 501.211(1).”); Smith v. . . . Neither may a FDUTPA plaintiff recover diminution in value damages or stigma damages under section 501.211 . . . Thus, Ahearn is not an aggrieved party within the meaning of section 501.211(1), and he may not pursue . . . Section 501.211(2), Florida Statutes, provides in part, “[i]n any action brought by a person who has . . . As is the case with Ahearn’s breach of contract claim, his claim under section 501.211(2) for damages . . . It is this meaning we adopt as the meaning of “aggrieved” under section 501.211(1). . . . (2), it may obtain injunctive relief under section 501.211(1).” . . . But, an “aggrieved” person for purposes of section 501.211(1) nevertheless must be able to demonstrate . . .
. . . . §§ 501.206(5), 501.207, 501.2075, 501.2077, 501.208(7), 501.211. . . .
. . . . § 501.211(2) (West, Westlaw through 2015 1st. Reg. Sess.) . . .
. . . . § 501.211(2); Rollins, Inc. v. Butland, 951 So.2d at 873. . . .
. . . . § 501.211(2) (authorizing recovery for “actual damages”); Maroone Chevrolet, Inc. v. . . . Stat. § 501.211(2) (A “person who has suffered a loss as a result of a violation of this part ... may . . .
. . . FDUTPA to enjoin a party that has violated, is violating, or is likely to violate FDUTPA); section 501.211 . . .
. . . . § 501.211(2). Democratic Republic of the Congo v. . . . Stat. § 501.211(1). . . . Section 501.211(1), Florida Statutes is broadly worded to authorize declaratory and injunctive relief . . . This reading of section 501.211(1) is consistent with the overall purpose of the Deceptive and Unfair . . .
. . . . § 501.211(2) (2000), that is, any “individual ... firm; association; joint venture; partnership; estate . . . Stat. § 501.211(2) (emphasis added). . . . Id. § 501.211(2). . . . Stat. § 501.211(2). . . . Stat. § 501.211(2). . . .
. . . consumer in order to have standing to bring a FDUTPA claim, involves the 2001 amendment to section 501.211 . . . Prior to 2001, section 501.211(2) read: In any individual action brought by a consumer who has suffered . . . Inc., 174 F.Supp.2d 1315, 1320 (S.D.Fla.2001) (competitor could seek damages under newly amended § 501.211 . . . Since this holding was based on the state of the law prior to the 2001 amendment to section 501.211(2 . . . In support of this holding, we rely on the legislature’s 2001 amendment to section 501.211(2), defining . . .
. . . . § 501.211(2). . . .
. . . . §§ 501.201, 501.211. . . .
. . . . § 501.211(2) (1973). . . .
. . . However, “the 2001 legislative amendments to § 501.211(2) broadened the scope of FDUTPA, to authorize . . .
. . . She also sought declaratory and injunctive relief under section 501.211 of the Florida Statutes, Florida . . . The court below subsequently granted declaratory and injunctive relief pursuant to section 501.211(1) . . . Stat. § 501.211(1) and in light of the factual record, this Court had previously decreed Defendant’s . . . In fact the very language of section 501.211 suggests enjoining the violating behavior, rather than mandating . . . and to enjoin a person who has violated, is violating, or is otherwise likely to violate this part. § 501.211 . . .
. . . Section 501.211(2) provides that, “[i]n any action brought by a person who has suffered a loss as a result . . . Aug. 3, 2012) (section 501.211(2), as amended, applies only to consumers); Ker-tesz v. . . . Feb. 23, 2012) (independent contractor alleging misclassification does not have standing under § 501.211 . . .
. . . . §§ 501.211. (Id.) . . .
. . . . § 501.211(2) (emphasis added). One key Florida case on the reliance issue is Davis v. . . .
. . . . § 501.211(2). . . . However, under § 501.211(a), “anyone aggrieved by a violation of this part may bring an action to obtain . . .
. . . . § 501.211(1) (injunctive and declaratory relief), § 501.211(2) (actual damages and attorney’s fees . . . Stat. § 501.211(1) (“[AJnyone aggrieved by a violation of this part may bring an action to obtain a declaratory . . . Section 501.211(a) states: "In any action brought by a person who has suffered a loss as a result of . . .
. . . . § 501.211(2)). . . .
. . . . § 501.211(2) (2000). . . . The Florida Legislature amended § 501.211(2) to replace “consumer” with “person” in 2001. Am. . . . Stat. § 501.211(2) (“a person who has suffered a loss as a result of a violation”). . . .
. . . See § 501.211, Fla. Stat. . . . See § 501.211, Fla. Stat.; Kia Motors Am. Corp. v. . . .
. . . existence of actual damages has no bearing on the availability of injunctive relief available under section 501.211 . . . Section 501.211(1), Florida Statutes, permits a claim for injunctive relief by “anyone aggrieved” by . . . Accordingly, regardless of whether an aggrieved party can recover “actual damages” under section 501.211 . . . (2), it may obtain injunctive relief under section 501.211(1). . . . aggrieved” includes competitors who seek injunction against continued trademark infringement under section 501.211 . . .
. . . . § 501.211. “[A]ctual damages,” in turn, has been ■ narrowly defined by the Florida courts. . . . Dist.Ct.App.2010) (Gross, C.J., concurring) (“To define recoverable ‘actual damages’ within the meaning of [§ 501.211 . . .
. . . . § 501.211. . . .
. . . . § 501.211 (authorizing the recovery of actual damages, attorneys’ fees and costs); Heindel v. . . .
. . . . § 501.211). I. . . .
. . . . § 501.211(2) (“In any action brought by a person who has suffered a loss as a result of a violation . . .
. . . . § 501.211(2) (2000)) (emphasis in original). . . . The Florida Legislature amended § 501.211(2) to replace “consumer” with “person” in 2001. . . . Stat. § 501.211(2) (“a person who has suffered a loss as a result of a violation”). . . . If the purpose had been to assure that businesses could avail themselves of the remedies under § 501.211 . . . overlooks that even after the FDUTPA was amended to replace the word “consumer” with “person” in § 501.211 . . .
. . . . § 501.211. Pulte moved to dismiss the amended complaint. . . .
. . . . § 501.211(2), as well as allowing for declaratory judgments and injunctions, id. § 501.211(1). . . .
. . . . § 501.211(2). . . .
. . . Bristol-Myers Squibb Co., 673 So.2d 100, 105 (Fla. 1st DCA 1996) (“A fair reading of section 501.211 . . .
. . . . § 501.211(2); and BCS’s contract with NAC. . . .
. . . . § 501.211. . . .
. . . Recoverable Damages Under FDUTPA To define recoverable “actual damages” within the meaning of section 501.211 . . . The section of FDUT-PA that addresses a consumer’s damage remedy is subsection 501.211(2). . . . Florida courts have used the test lifted from Raye as the definition of “actual damages” under section 501.211 . . . An aggrieved party may thus establish a FDUTPA violation under section 501.211(1) without showing actual . . .
. . . . § 501.211 which authorizes redress for individuals who have been aggrieved or suffered a loss as a . . .
. . . recovery as a matter of law because she had not pled any damages that were recoverable under section 501.211 . . . Damages not recoverable under the FDUTPA Section 501.211(2), Florida Statutes (2009), provides: “In any . . .
. . . See 2001 Laws of Fla. ch. 2001-39 § 6 (amending § 501.211(2) as described). . . . 174 F.Supp.2d 1315, 1320 (S.D.Fla.2001) (holding competitor could seek damages under newly amended § 501.211 . . .
. . . . § 501.211(2) (providing for recovery by any “person who has suffered a loss as a result of a violation . . .
. . . . § 501.211(2). . . .
. . . Plaintiff also seeks attorney’s fees and costs pursuant to Florida Statutes § 501.211(2). . . .
. . . . § 501.211(2). However, Kelly is seeking only injunctive relief. Fla. . . . . § 501.211(1) permits a claim for injunctive relief by “anyone aggrieved” by an unfair or deceptive . . . Assuming a cause of action lies, she may bring a claim for actual damages under § 501.211(2). . . . See 2001 Laws of Fla. ch. 2001-39 § 6 (amending § 501.211(2) as described). . . . anyone aggrieved by a violation of this part ....” § 501.211(1). . . .
. . . that “we question whether Davis gives fair consideration to the principle of causation within section 501.211 . . . Stat. § 501.211 (“In any action brought by a person who has suffered a loss as a result of a violation . . .
. . . Williamson, Inc., 506 F.Supp.2d 1134, 1145-46 (M.D.Fla.2007) (emphasis in original) (quoting § 501.211 . . .
. . . . § 501.211(2). . . .
. . . Section 501.211 provides that any person who has suffered a loss as a result of such practices may commence . . . a private action for actual damages, attorney’s fees, and court costs. § 501.211(2), Fla. . . . result of unfair or deceptive acts or practices to commence a private action for actual damages. § 501.211 . . .
. . . . § 501.211 provides that the following individuals are entitled to relief: (1) Without regard to any . . . Stat. § 501.211 (emphasis added). . . . Stat. § 501.211(2). . . . Stat. § 501.211. . . .
. . . . §§ 501.211, 501.2105; Smith v. 2001 S. Dixie Highway, Inc., 872 So.2d 992, (Fla. 4th DCA 2004). . . .
. . . . § 501.211(2). . . .
. . . . § 501.211; see Klinger v. Weekly World News, Inc., 747 F.Supp. 1477, 1480 (S.D.Fla.1990). . . . Stat. § 501.211(1). . . .
. . . . § 501.211(2) (to recover damages, plaintiff must show that loss was a result of the violation); Avery . . .
. . . Section 501.211, Florida Statutes, states as follows: Other individual remedies.— (1) Without regard . . . As the Florida First District Court of Appeal has explained, “[s]ection 501.211(1), Florida Statutes! . . . Stat. § 501.211(1)); Schauer v. . . . Morse Operations, Inc., 5 So.3d 2, 7 (Fla. 4th DCA 2009) (“[S]ection 501.211 provides that a person aggrieved . . .
. . . .” § 501.211(1), Fla. Stat. (2004). . . .
. . . . § 501.211(2) (Defendants’ emphasis). . . .
. . . Under FDUTPA section 501.211(2), Florida Statutes (1999), a consumer may recover “actual damages” but . . . Based on sections 501.212(8) and 501.203(8) and (9), this court and other courts have held that section 501.211 . . . Plaintiff also sought declaratory and in-junctive relief under FDUTPA, which in section 501.211(1) provides . . .
. . . . § 501.211. . . .
. . . Stat. 501.211(1) or ‘actual damages’ pursuant to Fla. Stat. 501.211(2).” See Eclipse Med. v. Am. . . .
. . . . § 501.211(2); Niles Audio Corp. v. . . .
. . . implied warranty of merchantability, fraud in the inducement and deceptive trade practices under section 501.211 . . . While appellants initially alleged a claim for deceptive trade practices under section 501.211, Florida . . .
. . . At least, nothing in section 501.211(2) purports to state otherwise. Beacon Prop. Mgmt., Inc. v. . . .
. . . Smith, 872 So.2d at 994; § 501.211(1); see Orkin Exterminating Co. v. . . .
. . . . § 501.204, prohibits, and § 501.211 provides a remedy for, “[ujnfair methods of competition, unconscionable . . . Stat. § 501.211(B). . . .
. . . . § 501.211. . . .
. . . Under section 501.211 of FDUPTA, see § 501.211(2), Fla. . . .
. . . . § 501.211(1). . . .
. . . We find no abuse of discretion in the court’s entry of an injunction under section 501.211(1), Florida . . .
. . . “Pursuant to § 501.211, any person who has suffered losses as a result of a violation may commence a . . . Stat. § 501.211(2)). . . .
. . . not necessarily precluded in a statutory cause of action for a deceptive trade practice under section 501.211 . . .
. . . See § 501.211(1),(2), Fla. Stat. (2005). . . . See § 501.211(2), Fla. Stat. (2005). . . .
. . . Stat. 501.211(2). True Title, Inc. v. Blanchard, No. 6:06-cv-1871, 2007 WL 430659, at *4 (M.D.Fla. . . .
. . . 2007; and (4) In light of the relief granted herein and the available remedies under the FDUTPA, see § 501.211 . . .
. . . . § 501.211(1). . . .
. . . . § 501.211 provides that the following individuals are entitled to relief: (1) Without regard to any . . .
. . . Section 501.211 provides that any person who has suffered a loss as a result of such practices may commence . . . a private action for actual damages and possibly attorneys’ fees and court costs. § 501.211(2), Fla. . . . At least, nothing in section 501.211(2) purports to state otherwise.” Beacon Prop. Mgt., Inc. v. . . . See, e.g., Gritzke, 2002 WL 32107540 at *4 (§ 501.211(2), as amended, merely requires a “person” who . . . .2001) (concluding that legislature’s replacement of the word “consumer” with the word “person” in § 501.211 . . .
. . . Stat. 501.211(1) or actual damages pursuant to Fla. Stat. 501.211(2).”). . . .
. . . . §§ 501.2105 & 501.211 AAHF also requests attorneys’ fees and expenses under FDUTPA, Fla. . . . . §§ 501.2105 & 501.211. . . . Section 501.211 states, in relevant part, that In any action brought by a person who has suffered a loss . . . Stat. § 501.211(2). . . . The words “may receive” and “may recover” attorney’s fees and costs in §§ 501.2105(1) and 501.211(2) . . .
. . . Pursuant to § 501.211, any person who has suffered losses as a result of a violation may commence a private . . . Ann. § 501.211(2). . . .
. . . .” § 501.211(2), Fla. Stat. . . .
. . . . § 501.211(2) (emphasis added). . . .