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776 So. 2d 974 The Florida Deceptive and Unfair Trade Practices Act provides that an aggrieved party may initiate a civil action against a party who has engaged in "unfair or deceptive acts or practices in the conduct of any trade or commerce," but it does not define the elements of such an action. See � 501.204(1), Fla. Stat. (1999). Instead, the statute provides that the Florida courts must give "due consideration and great weight" to Federal Trade Commission and federal court interpretations of section 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C � 45(a)(1). See � 501.204(2), Fla. Stat. (1999). According to the federal decisions, a deceptive practice is one that is "likely to mislead" consumers. See In re International Harvester Co., 104 F.T.C. 949 (1984); In the Matter of Cliffdale Assocs., Inc., 103 F.T.C. 110 (1984); Southwest Sunsites, Inc. v. Federal Trade Comm'n, 785 F.2d 1431 (9th Cir. 1986). This standard does not require subjective evidence of reliance, as would be the case with a common law action for fraud.The objective test adopted by the Federal Trade Commission and the federal courts applies, as well, in a suit in state court under the Florida Deceptive and Unfair Trade Practices Act. See Millennium Communications & Fulfillment, Inc. v. Office of the Attorney General, 761 So. 2d 1256 (Fla. 3d DCA 2000). 1 The plaintiff need not prove the elements of fraud to sustain an action under the statute. See W.S. Badcock Corp. v. Myers, 696 So. 2d 776 (Fla. 1st DCA 1996); Urling v. Helms Exterminators, Inc., 468 So. 2d 451 (Fla. 1st DCA 1985). That is so because the question is not whether the plaintiff actually relied on the alleged deceptive trade practice, but whether the practice was likely to deceive a consumer acting reasonably in the same circumstances. Remove Skin Tags Reviews Cure Best Edgar Cayce Remedy Warts
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