Can You Sue For False Advertising In Florida?

In a competitive?business environment , a company trying to attain a competitive edge at all costs may be exposed to the risk of false advertising. Unfortunately, falsely advertising a product or service is not an uncanny practice, especially on the internet.

However, Florida law protects consumers against any false, misleading, or deceptive business practice. Consequently, any manufacturer or seller that intentionally promotes the sales of goods or services by falsely advertising is exposed to the sanctions provided by law.

Keep reading to discover the essentials of a lawsuit for false advertising in Florida.

Can You Sue for False Advertising in Florida? – The Basics

In Florida, a victim of deceptive trade practices and the government authority in charge may?file a lawsuit ?for false and deceptive advertising against the infringing party. In such cases, the plaintiff must gather documents to prove the claim(s), including a copy of the advertising, receipts, purchase orders, and similar evidence.

Additionally, the plaintiff should include a written report detailing how the false advertising specifically affected the consumer’s judgment and providing an estimate of the damages incurred from the action.

Most importantly, false advertising lawsuits require an expert approach. Hence, it is crucial to sit down with an?expert attorney ?to assess the case’s backbone before proceeding with a lawsuit in court.

Intentional False Advertising – Understanding the Concept

Generally, the core of false advertising is giving consumers an inaccurate vision of a product or service they are buying.

Companies and individuals in Florida are strictly prohibited from intentionally using false advertising to sell any products or services. In this sense, the law prohibits techniques such as “Bait and Switch” advertising, high-pressure sales tactics, and the artificial inflation of price.

In essence, no one can advertise something with no intent to sell it at the mentioned price, nor incur false claims regarding the product’s quality or purpose.

False Advertising Lawsuit in Florida – Are There Any Exceptions?

The legislation regarding false and deceptive advertising has exceptions. In this sense, magazines, newspapers, publishers, advertising media, television, and radio stations are not exposed to such liabilities if they are exposing an advertisement in good faith.

Hence, when one of these communication channels does not know that an advertisement has false, misleading, or deceptive claims, they are not liable under false advertising laws.

Are There Compensations for Damages Suffered from False Advertising in Florida?

A victim of false advertising may receive compensation for damages based on the alleged conduct of the infringing party. If the court determines the defendant acted in bad faith, the plaintiff may be awarded monetary damages.

In some cases, a court may determine an injunction requiring the defendant to perform compensatory actions and/or stop falsely advertising. Regardless of business segment, a?civil lawsuit ?for unfair or deceptive trade practices in Florida may result in a $10,000 fine and the infringing party covering all expenses the plaintiff had to file the lawsuit (including attorneys’ fees).

Do You Want Sue a Third Party for False Advertising in Florida? – Work with Jurado and Farshchian, P.L.

Filing a false advertising claim and winning in court may be a complex and time-consuming task. Hence, make sure to have the ideal legal advisor by your side. Call?Attorney Romy B. Jurado ?today at?(305) 921-0440 ?or email?[email protected] ?to schedule a consultation.

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