What are the guidelines for identifying “unfair” or “deceptive” practices?

In Florida, advertisers must abide by the Florida Deceptive and Unfair Trade Practices Act. This law sets out guidelines that identify what constitutes unfair or deceptive trade practices. An advertiser’s behavior or actions can be considered unfair or deceptive if it meets any of the following criteria: 1. It causes a consumer to suffer monetary or other loss; 2. It misrepresents, hides or omits material facts; 3. It provides an unfair advantage over competitors; 4. It does not comply with an applicable statute, rule or regulation; 5. It is likely to deceive or confuse consumers; 6. It is not in the best interest of the public; 7. It uses false or deceptive advertising material; 8. It is not considered a “bona fide” offer; 9. It fails to disclose information required by law; 10. It discourages competitive business practices. In order for a practice to be considered deceptive or unfair, it must meet one or more of the criteria above. Generally, deceptive or unfair practices are those that take advantage of a consumer’s lack of knowledge or experience. Advertisers must take extra care when making statements, to make sure they are accurate and not misleading. Companies that violate these laws can be held liable for damages and may be subject to civil penalties.

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