Tracey Jaensch and Viktoryia Johnson contributed the article, "Enforcement of FDUTPA by Competitors: Did the Florida Legislature Create a Right Without a Remedy?" to the September/October issue of The Florida Bar Journal.
Their article focuses on the 2001 amendment to the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) that allows for competitors' claims for "actual damages" in regards to unfair competition.
On what the amendment means for nonconsumer cases the article states, "Although the lower courts and federal courts in Florida have begun to look at the issue, they are divided in their statutory interpretation, creating uncertainty as to whether, if at all, business competitors may ever recover anything beyond injunctive relief considering the inapplicable standard for 'actual damages' of 'return of purchase price' long recognized in consumer cases under FDUTPA."
To read the entire article, click here.