Law / United States / 
Florida
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
In force.
An unfair competition rule binding private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Data subject residence
- Audit expectation
- on_request
- Who audits it
- Regulator
What it requires
- A scraping or data-reselling practice that misrepresents your identity, origin, or authenticity to consumers or to a scraped site's operator can expose you to a private FDUTPA claim.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Does a scraper's concealment of its automated identity from a site operator that is not a purchaser make the practice an "unfair or deceptive act" "in the conduct of any trade or commerce" under Fla. Stat. section 501.204(1)?
- Which interpretations of the Federal Trade Commission and the federal courts under section 5(a)(1) of the Federal Trade Commission Act, as of , carry "great weight" under Fla. Stat. section 501.204(2) for automated collection of publicly available web data?
What it makes you log
Who may demand the log
Regulator
What the log must hold
Actor identity, Jurisdiction signal
Log retention
The year runs from the date of the declared disaster, not from the campaign or the last contact.
- Unit
- Years
- As of
- Basis
- Fixed
- Minimum value
- 1
Logging duty
The record duty sits in the crowd-funding section within the cited range and binds crowd-funding platforms doing business in Florida. The core prohibition in § 501.204 and the social media platform section, § 501.2041, which turns on notice, rationale and published standards, call for no log or record. The enforcing authority's subpoena power over matter is in § 501.206.
- Kind
- Explicit
- As of
- Provision
- Fla. Stat. § 501.2042: for a crowd-funding campaign related to and arising out of a declared disaster, a crowd-funding platform must collect and retain, for 1 year after the date of the declared disaster, the organizer's name, e-mail address, phone number and state of residence
- Trigger
- personal_data_processing
What this law does
FDUTPA declares unlawful unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce, enforceable by the state attorneys and the Department of Legal Affairs and through a private action for actual damages plus attorney's fees and court costs. A scraper or scraped-data reseller is within its reach to the extent its conduct is an unfair or deceptive act or practice in trade or commerce.
FDUTPA's short title and core prohibition were enacted by ch. 73-124, Laws of Florida (1973). The provisions this entry describes came into force on different days.
When LexLint raises it
When your app profile says your app crawls the web.
Back to the example · Lint your app
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