Carlton Fields attorney Aaron Weiss authored a Law360 article on the topic of the Florida Deceptive and Unfair Trade Practices Act (FDUPTA) and its unusual unfairness prong.
Due to the development of two different unfairness definitions throughout the years, Florida courts are separated in how they construe the unfairness test under FDUPTA. The contrasting approaches create confusion for attorneys and clients wondering what standard a court will end up using.
Weiss states that until the Florida Supreme Court weighs in on the unfairness split, the two ideals will inevitably continue.
Read the article.