Consumer Protection Complaint

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT
IN AND FOR [____________________] COUNTY, FLORIDA

Case No.: [____________________]

COMPLAINT FOR DAMAGES, EQUITABLE AND INJUNCTIVE RELIEF

(Florida Deceptive and Unfair Trade Practices Act and Optional Civil-Theft Claim)

DEMAND FOR JURY TRIAL

TABLE OF CONTENTS

1. Parties ............................................................................................................ 2
2. Jurisdiction, Venue & Conditions Precedent ............................................... 2
3. Relevant Statutory Framework ..................................................................... 3
4. General Allegations ....................................................................................... 4

5. Causes of Action
    Count I – FDUTPA ......................................................................................... 6
    Count II – Civil Theft (Use Only When Statutory Elements and Demand Are Satisfied) ... 8

6. Prayer for Relief ........................................................................................... 13

7. Demand for Jury Trial .................................................................................. 14
8. Verification ..................................................................................................... 14

1. PARTIES

1.1 Plaintiff [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is a natural person and consumer as defined by Fla. Stat. § 501.203(7), residing at [ADDRESS], Florida.

1.2 Defendant [DEFENDANT LEGAL NAME] (“Defendant”) is a [corporation/LLC/individual/etc.] organized under the laws of [STATE], with its principal place of business at [ADDRESS], and at all material times conducted substantial business in Florida.

2. JURISDICTION, VENUE & CONDITIONS PRECEDENT

2.1 This Court has subject-matter jurisdiction under Fla. Stat. § 26.012 because [SELECT AND PLEAD THE ACTUAL BASIS: the matter is an equity case / the amount in controversy exceeds $50,000, exclusive of interest, costs, and attorney’s fees, and therefore is not cognizable by the county court under Fla. Stat. § 34.01(1)(c)3 / other exclusive circuit-court basis: __________]. If the action is within county-court jurisdiction, change the caption and allegations before filing.

2.2 Venue is proper in [____________________] County because [FOR AN INDIVIDUAL DEFENDANT: Defendant resides here / the cause of action accrued here / property in litigation is here, under Fla. Stat. § 47.011] or [FOR A CORPORATE DEFENDANT: the corporation has or usually keeps an office here / has an agent or representative here / the cause of action accrued here / property in litigation is here, as applicable under Fla. Stat. § 47.051].

2.3 All conditions precedent to the maintenance of this action, including any pre-suit notice required by statute or contract, have been performed, waived, or have otherwise occurred.

3. RELEVANT STATUTORY FRAMEWORK

3.1 FDUTPA makes unlawful “[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Fla. Stat. § 501.204(1).

3.2 Under Fla. Stat. § 501.211(1), anyone aggrieved by a violation may seek declaratory and injunctive relief. A person who suffered a loss as a result of a violation may recover actual damages under § 501.211(2), subject to the good-faith-retailer limitation stated there. Under § 501.2105, the prevailing party may receive reasonable attorney’s fees and costs after trial-court judgment and exhaustion of appeals.

3.3 For a civil-theft claim under Fla. Stat. § 772.11, Plaintiff must prove by clear and convincing evidence an injury caused by a violation of the theft statutes identified there. Before filing, Plaintiff must make a written demand for $200 or the treble-damage amount and allow 30 days after receipt for compliance. The statute provides threefold actual damages, minimum damages of $200, and reasonable attorney’s fees and court costs, but prohibits punitive damages under that section.

4. GENERAL ALLEGATIONS

4.1 On [DATE], Plaintiff purchased [DESCRIPTION OF GOODS/SERVICES] from Defendant for $[AMOUNT].

4.2 Prior to purchase, Defendant, through its advertisements, website, and sales representatives, expressly represented that [SPECIFIC REPRESENTATIONS].

4.3 In reality, the product/service [STATE DEFECTS / MISREPRESENTATIONS]. Defendant knew or should have known these representations were false, misleading, or likely to deceive a reasonable consumer.

4.4 Plaintiff relied on Defendant’s representations and would not have purchased—or would have paid substantially less for—the product/service absent such misrepresentations.

4.5 As a result of Defendant’s conduct, Plaintiff suffered an actual monetary loss in the amount of $[____________________], calculated as follows: [IDENTIFY THE PURCHASE-PRICE OR VALUE-BASED LOSS AND ATTACH SUPPORTING RECORDS].

4.6 [CIVIL THEFT ONLY, IF SUPPORTED] Defendant’s conduct violated [Fla. Stat. § 812.014 or other statute expressly listed in § 772.11], and the facts supporting the required state of mind and clear-and-convincing burden are: [____________________].

5. CAUSES OF ACTION

COUNT I

Violation of the Florida Deceptive and Unfair Trade Practices Act
(Fla. Stat. §§ 501.201–501.213)

5.1 Plaintiff re-alleges paragraphs 1.1 through 4.6 as if fully set forth herein.

5.2 Defendant engaged in trade or commerce within the meaning of Fla. Stat. § 501.203(8).

5.3 Defendant’s acts and omissions described above constitute unfair or deceptive acts or practices prohibited by Fla. Stat. § 501.204(1).

5.4 Plaintiff suffered a loss as a result of the violation and seeks actual damages under Fla. Stat. § 501.211(2) in the amount proven at trial.

5.5 Pursuant to Fla. Stat. §§ 501.211(2) and 501.2105, Plaintiff seeks actual damages and, if Plaintiff is the prevailing party, a discretionary award of reasonable attorney’s fees and costs after judgment and exhaustion of appeals.

5.6 Defendant [has violated / is violating / is otherwise likely to violate] FDUTPA, and Plaintiff is aggrieved by that conduct. Plaintiff therefore seeks declaratory and injunctive relief under Fla. Stat. § 501.211(1).

WHEREFORE, Plaintiff prays for relief as set forth in the Prayer for Relief section.

COUNT II

Civil Theft — Fla. Stat. § 772.11 (Optional; Delete Unless Fully Supported)

5.7 Plaintiff re-alleges paragraphs 1.1 through 4.6 as if fully set forth herein.

5.8 By the conduct pleaded with particularity above, Defendant violated [IDENTIFY A STATUTE EXPRESSLY LISTED IN FLA. STAT. § 772.11], causing injury to Plaintiff. Plaintiff will prove the claim by clear and convincing evidence.

5.9 On [DATE], before filing this action, Plaintiff delivered to Defendant the written demand required by Fla. Stat. § 772.11 for $[200 OR TREBLE-DAMAGE AMOUNT]. Defendant received it on [DATE] and did not comply within 30 days. The demand and proof of receipt are attached as Exhibit B.

5.10 Plaintiff seeks threefold actual damages, the $200 statutory minimum if applicable, and reasonable attorney’s fees and court costs under Fla. Stat. § 772.11. Plaintiff does not seek punitive damages under this count.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant, awarding:

a. Actual damages in an amount to be established at trial;
b. Treble damages as authorized by Fla. Stat. § 772.11;
c. Declaratory relief that Defendant’s conduct violates FDUTPA;
d. Temporary, preliminary, and permanent injunctive relief enjoining Defendant from further unfair or deceptive practices;
e. [ONLY IF SUPPORTED BY A SEPARATE, PLEADED BASIS] Rescission or restitution;
f. Pre- and post-judgment interest as permitted by law;
g. Reasonable attorney’s fees and taxable costs under Fla. Stat. §§ 501.2105 and 772.11; and
h. Such other and further relief as the Court deems just and proper.

7. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable as a matter of right under Article I, § 22 of the Florida Constitution and Fla. R. Civ. P. 1.430.

8. VERIFICATION

[USE ONLY IF VERIFICATION IS REQUIRED OR COUNSEL ELECTS TO VERIFY.] I, [PLAINTIFF NAME], declare that I have read the foregoing Complaint and that the factual allegations are true and correct based on my personal knowledge, except matters stated on information and belief.

Date: _______________ _________________________________
             [PLAINTIFF NAME]

State of Florida
County of ___________

Sworn to (or affirmed) and subscribed before me this ___ day of __________, 20__, by [PLAINTIFF NAME], who is personally known to me or produced _______________________ as identification.

________________________________________
Notary Public, State of Florida
My commission expires: ____________

SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: ____________________________________
[ATTORNEY NAME], Esq.
Florida Bar No. _________
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

EXHIBITS (Sample List)

• Exhibit A – Pre-Suit Demand Letter (if applicable)
• Exhibit B – Civil Theft Statutory Demand (30-Day Notice)
• Exhibit C – Advertising Materials / Screenshots
• Exhibit D – Proof of Purchase / Receipts

END OF TEMPLATE