Switch to ADA Accessible Theme Close Menu
Florida Personal Injury Lawyers
$3,830,000

Catastrophic motorcycle accident resulted in a jury verdict.

$1,748,000

Auto accident, multi-car crash

$1,035,000

Auto accident involving defective airbag

$600,000

Death resulting from hospital turning away patient

$550,000

Auto accident involving tractor trailer

$345,000

Auto accident involving a work vehicle

$340,000

Slip and fall at a hotel bathroom

$115,000

Auto accident involving pedestrian. $115,000 in litigation instead of $15k presuit offer

Call: 844-200-0000
Free Initial Consultation
Do you opt in to being contacted via SMS texting or phone call?
 
protected by reCAPTCHA Privacy - Terms

Deceptive and Unfair Trade Practices in Florida

LegAdvice2

Two McDonald’s customers recently filed a class action lawsuit against the fast food giant. They filed their complaint in federal court in Florida, claiming that they’ve been charged the full price for the Quarter Pounder with Cheese even when they order it without the cheese. The customers are seeking damages under the Florida Deceptive and Unfair Trade Practices Act, state unjust enrichment law, and federal antitrust regulations.

McDonald’s asked the court to dismiss the lawsuit, arguing that retail restaurants don’t “have some legal obligation to reduce the price of a standard menu item to reflect the customer’s decision to decline some ingredient or component of that item.” The restaurant also argues that the customers weren’t injured by ordering a sandwich and paying the advertised price.

Whether the claim is viable remains to be seen.

What Is the Deceptive and Unfair Trade Practices Act?

The point of Florida’s Deceptive and Unfair Trade Practices Act is to protect consumers from unconscionable business practices. (Routinely overcharging customers is clearly an  unconscionable practice, so if McDonald’s is guilty of doing that then the customers have a viable complaint). Customers have the right to sue for damages when businesses engage in deceptive, unfair or unconscionable trade practices.

What Is Unjust Enrichment? 

Unjust enrichment is a little more complicated. This comes up in situations where there isn’t an express contract between two parties, but the law sees fit to imply one. The goal is to prevent one party from being unjustly enriched, so courts will enforce the implied agreement. For example, in the McDonald’s case, the customers are arguing that the restaurant was unjustly enriched because it charged them for cheese on their Quarter Pounder when they asked for the cheese to be removed. Whether that constitutes unjust enrichment is for the court to decide.

To prove unjust enrichment, you must show that:

  • you conferred a benefit on the defendant
  • the defendant knows about the benefit and accepted it, and
  • it would be unfair for the defendant to keep the benefit without paying fair market value.

In other words, courts will consider what’s fair given the circumstances. For example, in the McDonald’s case, is it fair that the retail restaurant charges customers the same price for a Quarter Pounder with cheese as for a cheese-less Quarter Pounder? If the court decides that McDonald’s treated their customers unfairly, then it could also find that the restaurant was unjustly enriched.

Is the McDonald Lawsuit Frivolous?

In its response to the recently filed lawsuit, the retail restaurant called the claims “nonsense.” They could be sanctioned if it turns out they filed a frivolous lawsuit. 

Contact Us Today

Contact a Miami personal injury attorney at The Pendas Law Firm today for a free consultation if you were injured by potentially deceptive trade practices. We will examine the facts of your case and help seek compensation for your injuries.

The Pendas Law Firm also represents clients in the Jacksonville, Fort Myers, Fort Lauderdale, Orlando, Tampa, West Palm Beach, Daytona Beach and Bradenton areas.

Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

    Joseph Kestell
  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod