The 2023 Florida Statutes (including Special Session C)
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. . . Godelia’s fraudulent marketing and promotion claim is based on Florida Statutes Sections 817.40(5) and 817.41 . . . Stat. § 817.41(1). . . .
. . . , Florida Statutes ; they are statutory claims arising under part II of chapter 501 ... and section 817.41 . . .
. . . for (1) common law unfair competition (Count II); (2) misleading advertising under Florida Statute § 817.41 . . . Count III asserted a misleading advertising claim under Florida Statute § 817.41. . . . Stat. § 817.41, contending that American General "publicly disseminated advertising regarding its Programs . . . Stat. § 817.41. . . .
. . . The second is based on Defendant’s alleged violations of sections 560.204 and 817.41, Florida Statutes . . . In relevant part, section 817.41 makes it “unlawful for any person to make or disseminate or cause to . . . Stat. § 817.41(1). . . . The type of activity proscribed by section 817.41—misleading advertising—is precisely the type of unfair . . . Thus, Count V states a claim insofar as it alleges a violation of section 817.41. ■ Violations of section . . .
. . . .' § 817.41; (4) breach of express warranty; and (5) unjust enrichment. See id. ¶¶ 98-143. . . . Mellon Bank, 957 F.2d 856, 858 (11th Cir. 1992) ("In order to prove a violation of Section 817.41, Florida . . .
. . . appeals the award of attorney’s fees and costs based on separate proposals for settlement and section 817.41 . . . Stat. § 817.41(6).” .. . . . the plaintiff argues that because the court found the defendants are entitled to fees under section 817.41 . . . However, the, defendants argue, the. attorney’s fees under the section 817.41(6) claim are-inextricably . . . While the trial court did not err in awarding fees under section 817.41(6), those fees are limited to . . .
. . . . § 817.41 et seq.), breach of express warranty, breach of implied warranty, and unjust enrichment. 1 . . .
. . . . § 817.41;.and (14) unjust enrichment. . . . Stat. § 817.41. . . .
. . . . § 817.41(6) (West, Westlaw through 1st Reg. Sess.) . . .
. . . statutory claims arising under part II of chapter 501 (unfair and deceptive trade practices) and section 817.41 . . .
. . . . § 817.41 (Count II), unjust enrichment (Count III), breach of express warranty (Count IV). . . .
. . . . § 817.41; and asserting a common law claim for unjust enrichment. Doc. 1. . . . Stat. § 817.41 for misleading advertising, (Count V); and Florida common law for unjust enrichment (Count . . .
. . . . §§ 817.41(6) and 501.2105. . . .
. . . . § 817.41; and punitive damages. II. . . . Stat. § 817.41); and Count Eleven (punitive damages) do not allege bodily injury, illness or death. . . .
. . . See § 817.41(6), Fla. Stat. (1997). . . . had sustained damages as a result of the appellants’ misleading advertising, as prohibited by section 817.41 . . .
. . . But-land, 951 So.2d 860, 877 (Fla.App.2d Dist.2006) (finding misleading advertising [under § 817.41] . . . Bank, 873 So.2d 384, 388 (Fla.App. 5th Dist.2004) (finding § 817.41 requires plaintiff to prove repre-sentor . . .
. . . Because Defendants concede that the Haineses timely filed their claim under section 817.41, any further . . . We conclude that the section 817.41 claims of Angelo and Brenda Masut, Tom Howell, and Richard Conboy . . . As to the Haineses, Defendants claim that the jury instruction regarding them section 817.41 claim is . . . Defendants are entitled to a new trial regarding the section 817.41 claim of the Haineses. . . . We remand this case to the trial court for a new trial on the Haineses’ section 817.41 claim. . . .
. . . . § 817.41 (Count V); (6) common law unfair competition (Count VI); and (7) deceptive and unfair trade . . .
. . . . §§ 816.41(a), 817.41(a). . . .
. . . Florida Statutes (“FDUTPA” or “the Act”); 2) False and Misleading Advertising in violation of section 817.41 . . .
. . . Butland, 951 So.2d 860, 877 (Fla. 2nd DCA 2006) (finding misleading advertising [under § 817.41] is a . . . Bank, 873 So.2d 384, 388 (Fla. 5th DCA 2004) (finding § 817.41 requires plaintiff to prove repre-sentor . . .
. . . . § 817.41, which prohibits misleading advertising, by claiming to be the original author and copyright . . . Stat. § 817.41, which prohibits misleading advertising, by including the symbol on its pacifier holder . . . Stat. § 817.41(1). . . .
. . . . §§ 816.41(a) & 817.41(a). . . . damage to the hydrologic balance outside the permit area,” 38 C.S.R. § 2-14.5; 30 C.F.R. §§ 816.41(a) & 817.41 . . .
. . . . §§ 816.41(a) & 817.41(a). . . . damage to the hydrologic balance outside the permit area,” 38 C.S.R. § 2-14.5; 30 C.F.R. §§ 816.41(a) & 817.41 . . .
. . . a complaint against Black Diamond asserting three claims: (1) misleading advertising under section 817.41 . . . Section 817.41(6) of the Florida Statutes (2008) authorizes the award of prevailing party attorney’s . . . fees as follows: 817.41 Misleading advertising published. * * * (6) Any person prevailing in a civil . . . This provision is in addition to any other remedies prescribed by law. § 817.41(6), Fla. . . . Accordingly, Black Diamond is entitled to recover its attorney’s fees under section 817.41(6) only. . . .
. . . Section 817.41, titled “Misleading advertising prohibited.”, provides, in relevant part, that It shall . . .
. . . . § 817.41 (Count III), and a claim for common law unfair competition. . . . Stat. § 817.41 (Count III), and a claim for common law unfair competition. . . . because it seeks injunctive relief which Defendant asserts is not authorized by Florida Statutes § 817.41 . . .
. . . . § 817.41 (Count V); (6) common law unfair competition (Count VI); and (7) deceptive and unfair trade . . .
. . . ), false marking (count two), false advertising (count three), violation of Florida Statute Section 817.41 . . .
. . . . § 817.41 ("Count V”); (6) common law unfair competition ("Count VI”); and (7) deceptive and unfair . . .
. . . See Fla.Code § 817.41 (defining misleading advertising); Falic v. . . .
. . . . §§ 816.41(a) and 817.41(a); 38 C.S.R. § 2-14.5. . . .
. . . . § 817.41, Count V — Florida common law of unfair competition and Count VI — deceptive and unfair trade . . . The statutory term “misleading advertising” as defined in Florida Statute § 817.41(5) includes any statements . . .
. . . fraudulent and misleading statements to the general public by the FSA Defendants in violation of section 817.41 . . .
. . . practices: making or disseminating false and misleading advertisements in violation of sections 817.06 and 817.41 . . . misleading advertisements and representations that violate Florida Statutes, sections 772.104, 817.06, and 817.41 . . . including reasonable attorney’s fees, and punitive damages in addition to the actual damages proven. § 817.41 . . . racketeering claim based on the Appellants’ alleged misleading advertisements in violation of section 817.41 . . . In order to establish their claim for misleading advertising under section 817.41(1) and the related . . . (FDUTPA); § 817.41(6), Fla. Stat. (misleading advertising); § 772.104, Fla. Stat. (Florida RICO). . . .
. . . practices: making or disseminating false and misleading advertisements in violation of sections 817.06 and 817.41 . . . misleading advertisements and representations that violate Florida Statutes, sections 772.104, 817.06, and 817.41 . . . including reasonable attorney’s fees, and punitive damages in addition to the actual damages proven. § 817.41 . . . racketeering claim based on the Appellants’ alleged misleading advertisements in violation of section 817.41 . . . In order to establish their claim for misleading advertising under section 817.41(1) and the related . . . (FDUTPA); § 817.41(6), Fla. Stat. (misleading advertising); § 772.104, Fla. Stat. (Florida RICO). . . .
. . . . § 817.41; various forms of fraud and negligence, forty different breaches of the “duty of good faith . . .
. . . misrepresentation, one for fraudulent misrepresentation, and one for misleading advertising under section 817.41 . . . Section 817.41(1), Florida Statutes (1999), which prohibits misleading advertising, states that: It shall . . . Section 817.45, Florida Statutes (1999), makes violation of section 817.41 a first degree misdemeanor . . . Although the statute does not say it, the case law that has devéloped since the adoption of section 817.41 . . . The definition of misleading advertising supplied in section 817.41(1) includes the requirement that . . .
. . . Stat. ch. 817.41. Neither ' case met with much success. . . .
. . . misleading advertisements and representations that violate Florida Statutes, sections 772.104, 817.06, and 817.41 . . .
. . . The Association relies upon section 817.41(4), Florida Statutes (1997), which provides as follows: (4 . . . activity alleged in this case is the dissemination of misleading advertisements in violation of section 817.41 . . .
. . . A cause of action for misleading advertising is defined under section 817.41, Florida Statutes (1997) . . . Section 817.41 provides as follows: (1) It shall be unlawful for any person to make or disseminate or . . . This provision is in addition to any other remedies prescribed by law. § 817.41(1), (6), Fla. . . . that the Plaintiffs could ever state a claim for misleading advertising under sections 817.40(5) and 817.41 . . .
. . . . § 817.41. . . . Stat. § 817.41. . . . Stat. § 817.41(6), mandating an award of attorney fees to “[a]ny person prevailing” in an action based . . . Stat. § 817.41(6) (mandating fee award for “[a]ny person prevailing” under the statute). . . .
. . . . § 817.41, unfair competition under Florida common law, dilution under Fla. . . .
. . . Count VII arises under Section 817.41 of the Florida Statutes and states a claim for false advertising . . .
. . . Stat. ch. 817.41 (count III); violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. . . .
. . . . § 817.41 Misleading Or False Advertising In order to prove that ISG violated Florida’s misleading advertising . . . Stat. § 817.41. C. Counts VI and VII: Fla. Stat. 495.151 and Dilution of Frehling’s Mark Under Fla. . . .
. . . . §§ 816.41(d) and 817.41(d)] requires operators to protect surface-water quality by minimizing the formation . . .
. . . Sec. 817.41, Misleading Advertising; (f) unfair and deceptive trade practices in violation of Part II . . .
. . . Mellon Bank, 957 F.2d 856, 858 (11th Cir.1992) (applying § 817.41 of the Florida Fraudulent Practices . . .
. . . .2d 335 (Fla.1965) (one statute (section 817.40) defined certain terms and the other statute (section 817.41 . . .
. . . The appellees also claim that they are entitled to their attorney’s fees pursuant to section 817.41(6 . . . However, the appellees did not seek attorney’s fees under section 817.41(6) in any of their motions for . . . Appellees therefore cannot justify the trial court’s award of attorney’s fees on the basis of section 817.41 . . .
. . . His demand for judgment under section 817.41 prayed: “WHEREFORE, Plaintiff prays that this Court enter . . . (5), Florida Statutes, together with costs and attorney’s fees pursuant to § 817.41(6), Florida Statutes . . . In other words, while section 817.41 creates an entitlement to punitive damages, it says nothing about . . . As to the subject of pleading the entitlement, section 817.41 thus impliedly defers to section 768.72 . . . He continues that section 817.41 is a “public protection statute for consumers transactions,” many of . . .
. . . DCA 1989) (on rehearing) (action brought under misleading advertising statute, sections 817.40 and 817.41 . . .
. . . action here is based exclusively on the assertion that the advertisement was misleading under Section 817.41 . . . The Florida Statute provides as follows: Misleading advertising prohibited.— 817.41 (1) It shall be unlawful . . . In order to prove a violation of Section 817.41, Florida law requires the plaintiff to prove reliance . . .
. . . II 1990) for the sale of securities by an unregistered dealer, violation of Florida Statute § 817.41 . . . Florida Statute § 817.41. . . . To recover under Florida Statute § 817.41 for misleading advertising, a plaintiff must prove each of . . .
. . . granting credit, or providing equal pay for equal services); 760.35(2) (discriminatory housing practices); 817.41 . . .
. . . . § 817.41 (West 1977). . . .
. . . trial pursuant to an action brought under the misleading advertising statutes, sections 817.40 and 817.41 . . . trial pursuant to an action brought under the misleading advertising statutes, sections 817.40 and 817.41 . . .
. . . 213, Florida Statutes (1987), and the statutory prohibition against misleading advertising, section 817.41 . . . So.2d 153 (Fla. 2d DCA 1988) (jury verdict for plaintiff under breach of contract, violations of § 817.41 . . . of common-law fraud sufficient when pled to state cause of action for misleading advertising under § 817.41 . . . deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. . 817.41 . . .
. . . . § 817.41 (Misleading Advertising); id. § 817.44 (Intentional False Advertising); id. § 817.411 (False . . .
. . . because it states that the jury could award punitive damages against Exide for violation of Section 817.41 . . . reckless indifference to the rights of others or if you find that Exide Corporation violated Section 817.41 . . . Section 817.41(6) provides that “[a]ny person prevailing in a civil action for violation of this section . . . [Plaintiffs Counsel]: In 817.41. The Court: He only refers to 817.41. . . .
. . . brought a four count suit alleging that Bill Branch breached its contract with him, violated sections 817.41 . . .
. . . damages proximately caused by Brown’s alleged violations of Florida’s False Advertising Statute, section 817.41 . . . , Florida Statutes (1985), see § 817.41(6), Fla. . . . We point out that the legislature enacted criminal penalties for violation of section 817.41, Florida . . .
. . . Sec. 817.41 (West 1986 & Supp.1987) ("Misleading Advertising Prohibited”). . . .
. . . presented a claim, accepted by the jury, based on false advertising in violation of sections 817.40— 817.41 . . . Kincaids may have been fraudulent, that fraud is not encompassed by the provisions of sections 817.40 or 817.41 . . . See §§ 501.-2105 and 817.41, Florida Statutes (1985). . . .
. . . Plaintiffs brought suit under section 817.41, Florida Statutes (1985), charging defendant with misleading . . . The trial court awarded the prevailing defendant attorney’s fees pursuant to section 817.41(6) which . . . As the prevailing party in this action, defendant was entitled to an award of fees under section 817.41 . . .
. . . . § 817.41(b)(2), 48 Fed.Reg. 43992 (1983), which states: Ground-water quantity shall be protected by . . . response noted that it was voluntarily suspending this rule: “[T]he Secretary will suspend 30 C.F.R. § 817.41 . . . Motion at 19 (citing 30 C.F.R. §§ 816.-41(a), 817.41(a); 816.41(c)(3)(i), 817.-41(c)(3)(i); 816.41(e) . . . (3)(i), 817.41(e)(3)(i); 816.41(i)(l)(i), 817.41(h)(l)(i); 816.43(a)(1), 817.43(a)(1)). . . . pointing to the fact that with regard to two of the proposed regulations, 30 C.F.R. §§ 816.41(a) and 817.41 . . .
. . . Appellants alleged that Neff had failed “to disclose material evidence,” in violation of Section 817.41 . . .
. . . Fla. 3d DCA 1981) upheld appellant’s entitlement to attorneys fees in an action brought under Section 817.41 . . .
. . . Chapter 498, Florida Statutes, which had been specifically pleaded, but also to Sections 817.40 and 817.41 . . . We find no express legislative intent that Chapter 498, Florida Statutes, repeals Section 817.41(1), . . . The relevant portions are Section 817.40(5) and Sections 817.41(1) and (6) as follows: Section 817.40 . . . Section 817.41(1) — It shall be unlawful for any person to make or disseminate or cause to be made or . . . Although Section 817.41(1), Florida Statutes, is penal in character, it is the type of penal statute . . .
. . . Kramer filed this suit against Miami Lincoln Mercury pursuant to Sections 817.40 and 817.41, Florida . . . Mercury then sought attorney’s fees from Kramer as the prevailing party pursuant to the statute. § 817.41 . . . Section 817.41(6) provides for attorney’s fees to be awarded “to any person prevailing in an action for . . . Section 817.41 prohibits misleading advertising but is the only fraudulent practice in this Chapter for . . . I believe that the purpose of Section 817.41(6) is to place aggrieved consumers on equal footing with . . . a civil action brought against it inter alia for misleading or deceptive advertising under Section 817.41 . . . Statutes (1979), and accordingly, was entitled to an award of reasonable attorney’s fees under Section 817.41 . . .
. . . The Commission charged this advertising was misleading within the meaning of Florida Statutes 817.41 . . . undisputed no criminal proceedings were ever initiated against the petitioners for violations of Sections 817.41 . . .
. . . Sections 817.06, 817.41, 817.55, 817.71, and 817.77, Fla.Stat. (1971). . Conner v. . . .
. . . . § 817.41, F.S.A., the basis of the information charging Henry Major, defendant, appellant herein, as . . . “Whether the information for violating F.S. § 817.41 was unconstitutional in that it is vague, indefinite . . . Florida Statute § 817.41, F.S.A., prohibiting misleading advertising, originated as § 2 of Chapter 59 . . . Florida Statute § 817.40, F.S.A. requires that the definition prescribed be read into F.S. § 817.41, . . . Appellant insists, under his second point on appeal, that, to obtain conviction under F.S. § 817.41, . . .
. . . filed herein specifying whether the court directly passed upon the constitutionality of Florida Statute 817.41 . . . attorney, in ground 2 of said motion to quash, directly challenged the constitutionality of section 817.41 . . . tunc directly recited that he passed upon and upheld the constitutionality of such statute, section 817.41 . . .
. . . County, Florida, of the charge of misleading advertising (an offense set forth and denounced by section 817.41 . . . guilty of a criminal act, to wit, misleading advertising, as set forth in and denounced by section 817.41 . . .