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The 1993 amendments marked a substantial change in approach to defining FDUTPA’s substantive scope. The FTC since 1975 has had the authority to promulgate trade regulation rules (TRRs) of industry-wide application prohibiting specified unfair or deceptive acts or practices. circuit court of appeals, within 60 days of issuance, on the grounds that it is not supported by substantial evidence in the rulemaking record as a whole, or that it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

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Those decisions can be appealed to the Commission, whose decisions are published in F. On December 17, 1980, the FTC issued a new policy statement on the scope of its unfairness jurisdiction in the form of a letter to the chair and minority leader of the Senate Committee on Commerce, Science, and Transportation, which has oversight responsibility for the FTC. synthesized from them the most important principles of general applicability . held that an Illinois catalogue mail order firm’s practice of bringing collection suits under the state long-arm statute for small amounts, which were economically impractical for the out-of-state purchasers to defend against, was unfair on a due process type of analysis.

The statement “under[took] a review of the decided cases and rules and . It is not even clear that The 1980 statement made clear that “[s]ince [1964], the Commission has continued to refine the standard of unfairness in its cases and rules, and it has now reached a more detailed sense of both the definition and the limits of these criteria.” The statement explained the revised criteria essentially as follows. While trivial or speculative harm is insufficient, injury may be substantial if it does a small harm to a large number of people.

Unjustified consumer injury is the most important, and can warrant a finding of unfairness in itself. Substantial injury in most cases involves monetary harm.

to FDUTPA made by the legislature in 1993 tied it even more closely to such FTC precedents and rules.

However, practices held by Florida courts to be “unfair or deceptive” (or “unfair and deceptive”), and complaint allegations held to state causes of action for such violations, have generally sounded in deception or at least involved a major deceptive component.

Unfairness has thus been an available yet neglected and misunderstood basis for state, individual, and commercial litigation under FDUTPA.This article will explore the elements of proof and remarkably broad scope of the seemingly amorphous “unfair acts or practices” proscription.It also will set out relevant authority to be consulted in evaluating and dealing with unfairness claims.FDUTPA’s current prohibitions on unconscion-able, as well as deceptive, acts or practices will be treated in subsequent articles.Until 1993, a FDUTPA violation had been a violation of any provision of the act or any rule promulgated by the Department of Legal Affairs (DLA) pursuant to its authority to specify unfair or deceptive acts or practices thereunder. Since 1973 the FTC has set forth coherent standards of both unfairness and deception, and promulgated numerous rules proscribing unfair practices on an industry-wide basis.Those FTC rules have effectively become Florida law.

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