Consumer Protection Complaint - Florida

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

Case No.: [________________]

COMPLAINT UNDER THE FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT

Plaintiff sues Defendant and alleges:

Parties, court, and venue

1. Plaintiff [NAME] is [AN INDIVIDUAL / OTHER PERSON] located at [ADDRESS]. Plaintiff is a consumer within Fla. Stat. § 501.203(7).
2. Defendant [NAME] is [AN INDIVIDUAL / A FLORIDA CORPORATION / A FOREIGN CORPORATION DOING BUSINESS IN FLORIDA / OTHER ENTITY] located at [ADDRESS]. Defendant [ADVERTISES / SOLICITS / PROVIDES / SELLS] [GOODS OR SERVICES] in trade or commerce within § 501.203(8).
3. This is filed in ☐ circuit court because [THE ACTION IS IN EQUITY / THE AMOUNT IN CONTROVERSY EXCEEDS $50,000, EXCLUSIVE OF INTEREST, COSTS, AND ATTORNEY FEES / OTHER BASIS UNDER § 26.012]; or ☐ county court because the action at law does not exceed the current $50,000 limit in § 34.01(1)(c)3. and no exclusive circuit court basis applies. Keep only the correct court choice and caption.
4. Venue in [COUNTY] is proper because [STATE THE FACTS FOR THE APPLICABLE BRANCH]:
   • If Defendant is an individual resident of Florida, § 47.011 permits the county of residence, accrual, or property in litigation. That section does not govern actions against nonresidents.
   • If Defendant is a Florida corporation, § 47.051 permits a county where it has or usually keeps an office for customary business, where the cause accrued, or where property in litigation is located.
   • If Defendant is a foreign corporation doing business in Florida, § 47.051 permits a county where it has an agent or representative, where the cause accrued, or where property in litigation is located.

Facts

5. On [DATE], Plaintiff [BOUGHT / CONTRACTED FOR] [GOODS OR SERVICES] from Defendant for $[AMOUNT]. Attach the purchase record as Exhibit A.
6. Defendant represented [QUOTE OR DESCRIBE THE SPECIFIC ADVERTISEMENT OR STATEMENT], at [TIME AND PLACE]. Attach the advertisement or communication as Exhibit B.
7. The representation or practice was unfair or deceptive because [FACTS]. What Plaintiff actually received was [FACTS].
8. Plaintiff suffered a monetary loss of $[AMOUNT] as a result of that practice. The calculation and supporting facts are [DESCRIBE THE LOSS, INCLUDING PRICE OR VALUE EVIDENCE].
9. The facts showing that Defendant violated or is likely to violate the Act again, if prospective relief is requested, are [FACTS OR DELETE THIS PARAGRAPH].

Count I — Florida Deceptive and Unfair Trade Practices Act

10. Plaintiff incorporates paragraphs 1–9. Section 501.204(1) prohibits unfair or deceptive acts or practices in trade or commerce. Defendant's specific acts in paragraphs 6–7 violate that provision because [APPLY FACTS].
11. Plaintiff suffered the loss in paragraph 8 as a result of the violation and seeks actual damages under § 501.211(2). If Defendant is a retailer who merely disseminated a manufacturer's or wholesaler's claims in good faith without actual knowledge of a violation, address § 501.211(2)'s limitation: [FACTS].
12. Plaintiff is aggrieved by [CURRENT OR LIKELY FUTURE VIOLATION] and seeks a declaration or injunction under § 501.211(1), if supported by paragraph 9. Delete this paragraph and the corresponding request if no prospective relief is sought.
13. If Plaintiff prevails, Plaintiff seeks reasonable attorney fees and costs subject to § 501.2105, which permits an award after trial court judgment and exhaustion of appeals, if any.

Count II — Civil theft, only if the theft elements and demand are supported

Delete this count and its separate relief request unless the facts establish theft under § 812.014 and the § 772.11 written demand was made before filing.

14. Plaintiff incorporates factual paragraphs 1–9. Defendant knowingly obtained or used [IDENTIFY PROPERTY] belonging to [OWNER], with intent to ☐ deprive the owner of a right to or benefit from the property ☐ appropriate the property to Defendant's own use or to a person not entitled to use it. The supporting acts and evidence are [SPECIFIC FACTS]. Fla. Stat. § 812.014(1).
15. That conduct injured Plaintiff by $[ACTUAL DAMAGE]. Plaintiff will prove the § 772.11(1) claim by clear and convincing evidence.
16. On [DATE], Plaintiff delivered to Defendant a written demand for $[200 OR TREBLE DAMAGE AMOUNT] under § 772.11(1). Defendant received it on [DATE] and did not comply within 30 days. Attach the demand and receipt as Exhibit C.
17. Plaintiff seeks threefold actual damages or the $200 statutory minimum, plus reasonable attorney fees and court costs under § 772.11(1), and no punitive damages under that section.

Request for relief

Plaintiff requests judgment for:

1. Actual damages proved under Count I;
2. Only if Count II is retained and proved, the relief authorized by § 772.11(1);
3. If paragraph 12 is retained and proved, declaratory and injunctive relief under § 501.211(1);
4. Fees and costs as authorized by §§ 501.2105 and 772.11, if applicable; and
5. Other relief supported by the pleaded facts and law.

Plaintiff requests a jury trial on issues triable by jury.

Dated: [__/__/____]

Attorney or self represented plaintiff signature: [________________________________]

Printed name and Florida Bar number, if counsel: [________________________________]

Mailing address: [________________________________]

Phone and email: [________________________________]

Exhibits: A [PURCHASE RECORD]; B [ADVERTISING OR COMMUNICATION]; C [CIVIL THEFT DEMAND AND RECEIPT, ONLY IF COUNT II IS RETAINED].