IN THE CIRCUIT COURT OF THE ___ JUDICIAL CIRCUIT

IN AND FOR [__] COUNTY, FLORIDA

Case No.: _____

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.
________/

COMPLAINT FOR DAMAGES, EQUITABLE AND INJUNCTIVE RELIEF

(Violation of the Florida Deceptive and Unfair Trade Practices Act, Fraud, Civil Theft, and Related Claims)

DEMAND FOR JURY TRIAL

[// GUIDANCE: This template is drafted to satisfy Florida pleading rules (Fla. R. Civ. P. 1.110 et seq.) and statutory requirements under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. §§ 501.201–501.213, as well as supplemental common-law and statutory remedies. Customize bracketed items and add/remove counts to fit the factual scenario.]

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 – Fraudulent Misrepresentation .................................................... 8
    Count III – Unjust Enrichment (Pled in the Alternative) ............................ 10
    Count IV – Civil Theft (Treble Damages) ..................................................... 11
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 pursuant to Fla. Stat. § 26.012 and Article V, § 5 of the Florida Constitution because the amount in controversy exceeds $30,000, exclusive of interest, costs, and attorney’s fees.

2.2 Venue is proper in [__] County under Fla. Stat. § 47.051 because (a) the cause of action accrued in this county, (b) Defendant conducted the unfair or deceptive acts here, and/or (c) Plaintiff suffered damages here.

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.

[// GUIDANCE: If a pre-suit demand letter was sent, insert its date and attach as Exhibit A.]

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 FDUTPA, an aggrieved consumer may recover (a) actual damages, (b) declaratory and injunctive relief, and (c) “reasonable attorney’s fees and costs to the prevailing party.” Fla. Stat. § 501.211.

3.3 Civil theft under Fla. Stat. § 772.11 entitles a prevailing plaintiff to “threefold the actual damages sustained” plus reasonable attorney’s fees and court costs upon the requisite written demand.

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 direct and proximate result, Plaintiff has suffered monetary loss in an amount to be proven at trial, together with non-economic harm, including inconvenience, frustration, and loss of use.

4.6 Defendant’s conduct was intentional, willful, and reckless, entitling Plaintiff to enhanced and/or treble damages under applicable law.

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 actual damages, including but not limited to the purchase price, incidental and consequential losses, and diminished value.

5.5 Pursuant to Fla. Stat. § 501.211(2), Plaintiff is entitled to recover actual damages, attorney’s fees, and costs.

5.6 Because the deceptive practice is ongoing and affects the public interest, Plaintiff also seeks declaratory and injunctive relief under Fla. Stat. § 501.211(1) to prevent future violations.

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

COUNT II

Fraudulent Misrepresentation (Common Law)

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

5.8 Defendant intentionally misrepresented material facts, as detailed above, knowing their falsity and intending that Plaintiff rely upon them.

5.9 Plaintiff justifiably relied on these misrepresentations and suffered damages thereby.

5.10 Plaintiff seeks rescission, compensatory damages, punitive damages, and all other relief allowed by law.

COUNT III

Unjust Enrichment (Pled in the Alternative)

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

5.12 Defendant has been unjustly enriched at Plaintiff’s expense by retaining monies obtained through deceptive practices.

5.13 Equity and good conscience require restitution to Plaintiff in an amount to be proven at trial.

COUNT IV

Civil Theft – Fla. Stat. § 772.11 (Treble Damages Available)

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

5.15 Defendant knowingly obtained or used Plaintiff’s property with felonious intent, or did so in violation of Fla. Stat. § 812.014, and failed to return said property after written demand (see Exhibit B).

5.16 Pursuant to Fla. Stat. § 772.11, Plaintiff is entitled to treble damages, prejudgment interest, and reasonable attorney’s fees and costs.

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. Rescission or, in the alternative, restitution and/or disgorgement;
f. Pre- and post-judgment interest as permitted by law;
g. Reasonable attorney’s fees and taxable costs under Fla. Stat. §§ 501.211 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

I, [PLAINTIFF NAME], under penalty of perjury, declare that I have read the foregoing Complaint and that the facts stated in it are true and correct to the best of my knowledge 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

[// GUIDANCE: Include required Fla. R. Gen. Prac. & Jud. Admin. 2.515 certification and, if filing electronically, conform signature block to Florida e-portal requirements.]

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

[// GUIDANCE: Attach only those exhibits that strengthen the pleading; excess documentation can be produced in discovery.]

END OF TEMPLATE