Florida Deceptive and Unfair Trade Practices ACT (FDUTPA), Fla. Stat. Ch. 501, – Punitve or Consequential Damages Not Recoverable

What type of damanges are recoverable under FDUTPA?

Answer: Actual Damages, Florida Statute states specifcally which remedies are available under a FDUTPA claim stating,

501.211 Other individual remedies.—

(2) In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105.


Florida Courts have addressed which claims are proper under FDUTPA, and have held that the FDUTPA specifically “provides for the recovery of actual damages, but makes no provision for punitive damages. See § 501.211. See also 2 Words and Phrases 363 (1955) (actual damages generally considered synonymous with compensatory damages, in contradistinction to punitive damages). A claim for punitive damages is outside the scope of chapter 501 and the FDUTPA.   See LaFerney v. Scott Smith Oldsmobile, Inc., 410 So.2d 534 (Fla. 5th DCA 1982). Accordingly, any award of punitive damages based upon a violation of FDUTPA would be improper absent some independent basis such as fraud. See Bert Smith Oldsmobile, Inc. v. Franklin, 400 So.2d 1235 (Fla. 2d DCA 1981); Hauser Motor Co. v. Byrd, 377 So.2d 773 (Fla. 4th DCA 1979). … “ See Rollins, Inc. v. Heller, 454 So. 2d 580, 585-586 (Fla. 3rd DCA 1984).

Finally, the statute does not even allow the recovery of other damages, such as consequential damages, let alone punitive damages . See Fort Lauderdale Lincoln Mercury, Inc. v. Corgnati, 715 So. 2d 311 (Fla. 4th DCA 1998). Dorestin v. Hollywood Imps., Inc., 45 So. 3d 819, 824-825 (Fla. 4th DCA 2010).

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