Brick Business Law, P.A. | Business Litigation, Corporate Counsel & Advisory, Business Transactions
Florida businesses compete in a fast-moving marketplace where pricing, advertising, online reviews, customer communications, trade relationships, and brand reputation can directly affect revenue. Healthy competition is expected. But when a competitor uses deceptive advertising, makes false statements, misuses confidential information, interferes with customer relationships, or otherwise crosses legal boundaries, the consequences can be serious.
Unfair trade practice disputes can cost a business sales, customers, market position, and reputation. They can also create legal exposure when a company is accused of misleading customers, engaging in improper competitive conduct, or using advertising claims it cannot support.
Brick Business Law, P.A. helps Florida small and midsize businesses assess, prevent, and resolve commercial disputes. Through business litigation, corporate counsel and advisory, and business transaction services, the firm helps owners and executives protect the company’s legal position while keeping the larger business objective in view.
What Is an Unfair Trade Practice Under Florida Law?
Florida’s primary unfair-competition and consumer-protection statute is the Florida Deceptive and Unfair Trade Practices Act, commonly called FDUTPA. The law is intended to protect consumers and legitimate business enterprises from unfair methods of competition, unconscionable acts, deceptive conduct, and unfair acts or practices in trade or commerce.
FDUTPA does not prohibit aggressive but lawful competition. Businesses may compete on price, service, quality, innovation, and marketing. The issue is whether a company’s conduct crosses the line into conduct that is deceptive, unfair, misleading, or harmful under applicable law.
Depending on the facts, unfair trade practice allegations may involve:
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False or misleading advertising
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Unsupported performance, pricing, savings, health, environmental, or “best in class” claims
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Bait-and-switch advertising or hidden fees
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False statements about a competitor’s products, services, pricing, or reputation
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Misleading comparative advertising
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Misuse of a competitor’s trade name, branding, advertising materials, or trade dress
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Deceptive online reviews, endorsements, testimonials, or social-media campaigns
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Unauthorized use of confidential information or trade secrets
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Interference with contracts, customers, employees, suppliers, or referral relationships
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Improper use of non-compete, non-solicitation, confidentiality, or exclusivity agreements
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Pricing or distribution practices that create antitrust concerns
The right analysis depends heavily on the facts, the industry, the communications at issue, the audience, and the business harm alleged.
Can a Business Bring an FDUTPA Claim Against a Competitor?
Yes. FDUTPA can apply to disputes between businesses, not only traditional consumer claims. Florida’s statute permits a “person” who suffers a loss from a violation to seek relief, and courts have recognized that businesses may bring claims based on allegedly unfair or deceptive competitive conduct.
To pursue a damages claim, a business generally must be able to show:
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A deceptive act or unfair practice in trade or commerce;
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A causal connection between that conduct and the claimed loss; and
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Actual damages.
A company may also seek declaratory or injunctive relief in appropriate circumstances. In other words, a business may ask a court to determine whether conduct is unlawful or to require the other party to stop engaging in it. FDUTPA also allows the recovery of actual damages and may permit an award of attorneys’ fees and costs to the prevailing party under the statute.
A strong case requires more than frustration with a competitor’s tactics. The business must identify the conduct, preserve supporting evidence, explain why the conduct was deceptive or unfair, and demonstrate a measurable business impact.
What Does “Deceptive” or “Unfair” Mean?
A deceptive practice commonly involves a representation, omission, or practice that is likely to mislead a reasonable consumer or customer under the circumstances. An unfair practice may involve conduct that offends established public policy or is unethical, oppressive, unscrupulous, or substantially injurious.
For a Florida business, the key is often not what the company intended to say, but what customers or prospective customers were likely to understand. This is particularly important in digital marketing, where an advertisement may include express statements, implied claims, images, disclaimers, pricing language, testimonials, reviews, or comparative claims.
The Federal Trade Commission similarly requires that advertising claims be truthful, non-deceptive, and supported by evidence. Advertisers should substantiate both express claims and implied claims that a reasonable consumer could take from the advertising as a whole.
What Types of Unfair Trade Practice Claims Affect Businesses?
False advertising and misleading marketing
False-advertising disputes may involve inaccurate claims about product quality, service capabilities, pricing, savings, availability, performance, certifications, endorsements, or comparative advantages.
For example, a company may face risk if it advertises that a product is “guaranteed,” “clinically proven,” “the lowest price,” “eco-friendly,” “locally made,” or “number one” without adequate support or an appropriate qualification. A competitor may also have a claim if false statements about its own product or service cause lost sales or reputational harm.
Before making objective marketing claims, a company should ask:
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Can we prove the claim with reliable evidence?
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Does the ad imply more than the words literally say?
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Is the comparison fair, current, and clearly explained?
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Are important conditions, limitations, or exclusions disclosed?
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Would a reasonable customer interpret the statement differently than we intend?
Trade name, trademark, and trade-dress disputes
Brand disputes often arise as businesses expand, enter new markets, launch websites, or compete online. A company may face claims that its name, logo, packaging, website appearance, marketing materials, or social-media presence is likely to confuse customers about the source of goods or services.
These disputes may involve state-law unfair competition claims, federal trademark claims, or both. Early legal review of branding, marketing, domain names, and product presentation can help avoid a costly rebrand or litigation after a company has invested in market recognition.
Trade secrets and confidential information
Unfair-competition claims may arise when a former employee, business partner, contractor, or competitor uses confidential pricing, customer lists, supplier information, marketing plans, technical information, or other proprietary data.
The company’s agreements and internal practices matter. A business that wants to protect confidential information should use appropriate employment, contractor, confidentiality, non-solicitation, and trade-secret safeguards. It should also limit access, maintain clear policies, and respond promptly if it suspects data has been taken or misused.
Interference with customer and business relationships
A dispute may develop when a competitor, former employee, or business partner interferes with an existing contract, customer relationship, supplier relationship, or prospective opportunity. These claims often overlap with allegations involving non-solicitation provisions, misuse of confidential information, false statements, or improper competitive behavior.
The facts matter. A company must distinguish between lawful competition and conduct that improperly interferes with a protected business relationship.
Pricing, distribution, and exclusivity concerns
Certain business arrangements may trigger competition concerns if they unreasonably restrict market access, limit competition, or create improper coordination among competitors. Examples can include price-fixing, market allocation, bid-rigging, or certain restrictive distribution and exclusivity arrangements.
Not every exclusive agreement or competitive pricing strategy is unlawful. Businesses should seek legal guidance before adopting arrangements that could be viewed as limiting competition, coordinating prices, or excluding competitors from a market.
How Can a Lawyer Help When Your Business Receives a Demand Letter?
The first response to a demand letter, cease-and-desist notice, regulatory inquiry, or lawsuit can significantly affect the outcome of the dispute. A rushed, emotional, or unsupported response can create admissions, weaken defenses, damage negotiations, or make a resolution more difficult.
A business lawyer can help the company:
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Evaluate the legal basis of the claim and the relief being demanded
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Preserve relevant communications, marketing materials, contracts, pricing records, website content, and internal documents
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Assess potential exposure, defenses, insurance issues, and business consequences
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Investigate the facts and identify key witnesses
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Respond strategically to a demand letter or regulatory inquiry
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Determine whether corrective action, a negotiated resolution, or litigation is appropriate
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Seek injunctive relief when a competitor’s conduct is causing ongoing harm
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Protect confidential and proprietary information during a dispute
Brick Business Law approaches business litigation with the client’s broader objectives in mind. Sometimes the priority is stopping harmful conduct quickly. In other circumstances, preserving a commercial relationship, avoiding disruption, reducing exposure, or defending against an overreaching claim may be more important.
How Can Florida Businesses Defend Against Unfair Trade Practice Allegations?
Not every allegation of unfair competition or deceptive conduct is valid. Competitors and former business partners may use demand letters or legal claims as leverage in a broader commercial dispute.
A strong defense often begins with documentation. Businesses should preserve and organize records showing the basis for advertising claims, pricing decisions, marketing approvals, customer communications, product specifications, contractual rights, and internal compliance processes.
Useful evidence may include:
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Drafts and final versions of advertisements, websites, emails, and social-media posts
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The substantiation supporting marketing and performance claims
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Pricing records and business reasons for pricing decisions
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Customer contracts, supplier agreements, and distribution agreements
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Trademark registrations, branding files, and brand-development records
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Employee, contractor, confidentiality, and non-solicitation agreements
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Communications with customers, competitors, vendors, or regulators
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Analytics, sales records, consumer research, and evidence of actual market impact
In some cases, economic experts, industry specialists, marketing professionals, or consumer-survey evidence may help establish whether a statement was misleading, whether customers were likely to be confused, or whether a company suffered actual loss.
How Can Businesses Reduce Unfair Competition Risk?
Prevention is typically less expensive than responding to litigation. A proactive compliance process can help a company support ambitious growth while reducing the risk that marketing, sales, pricing, or competitor-facing strategies create unnecessary exposure.
Businesses should consider regular review of:
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Advertising and marketing claims
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Testimonials, reviews, influencer relationships, and endorsements
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Comparative advertising and competitor references
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Website, social-media, and email marketing content
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Pricing, discount, rebate, and promotional practices
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Customer contracts, exclusive arrangements, and distribution relationships
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Trade-secret protection and confidential-information practices
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Employee and contractor onboarding and offboarding procedures
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Brand clearance, trademark strategy, and intellectual-property protections
A practical internal rule is to require support for every objective claim before publication. The FTC’s guidance is clear that claims must be truthful, non-deceptive, and supported by appropriate evidence.
Why Early Legal Guidance Matters
An unfair trade practice dispute can affect far more than a single advertisement or competitor complaint. It can threaten revenue, customer relationships, brand value, market access, and the time leadership needs to operate the business.
Brick Business Law, P.A. helps Florida businesses assess disputes, protect contractual and commercial rights, respond to allegations, preserve evidence, negotiate resolutions, and litigate when necessary. The firm also provides ongoing corporate counsel and advisory support to help businesses identify risks before they become high-stakes disputes.
If your company is facing allegations of deceptive or unfair trade practices—or if you believe a competitor’s conduct is harming your business—contact Brick Business Law to discuss your options with a Florida business lawyer.
