(1) Without regard to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this part may bring an action to obtain a declaratory judgment that an act or practice violates this part and to enjoin a person who has violated, is violating, or is otherwise likely to violate this part.
(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. However, damages, fees, or costs are not recoverable under this section against a retailer who has, in good faith, engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that it violated this part.
(3) In any action brought under this section, upon motion of the party against whom such action is filed alleging that the action is frivolous, without legal or factual merit, or brought for the purpose of harassment, the court may, after hearing evidence as to the necessity therefor, require the party instituting the action to post a bond in the amount which the court finds reasonable to indemnify the defendant for any damages incurred, including reasonable attorney’s fees. This subsection shall not apply to any action initiated by the enforcing authority.
History.—s. 1, ch. 73-124; s. 37, ch. 91-220; s. 12, ch. 93-38; s. 6, ch. 2001-39; s. 27, ch. 2001-214.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 501 - Consumer Protection
Part II - Deceptive and Unfair Trade Practices (Ss. 501.201-501.213)
501.202 - Purposes; rules of construction.
501.204 - Unlawful acts and practices.
501.2041 - Unlawful acts and practices by social media platforms.
501.205 - Rulemaking authority.
501.206 - Investigative powers of enforcing authority.
501.2065 - Confidentiality of intelligence or investigative information.
501.207 - Remedies of enforcing authority.
501.2079 - Violations involving discrimination in the provision of video services.
501.208 - Cease and desist orders; procedures.
501.2101 - Enforcing authorities; moneys received in certain proceedings.