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Deceptive Trade Forge In Palm Beach
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State:
Multi-State
County:
Palm Beach
Control #:
US-000289
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In Florida, forgery is considered to be a third-degree felony. As such, it is punishable by up to five years in prison, five years of probation, and a $5,000.00 fine. Forgery is a white-collar crime and is assigned a severity risk level of 1.
Whoever falsely makes, alters, forges or counterfeits a public record, or a certificate, return or attestation of any clerk or register of a court, public register, notary public, town clerk or any public officer, in relation to a matter wherein such certificate, return or attestation may be received as a legal proof; ...
A traditional claim for damages under FDUTPA has three elements: (1) a deceptive act or unfair practice; (2) causation; and (3) actual damages.
An act or practice is unfair where it (1) causes or is likely to cause substantial injury to consumers, (2) cannot be reasonably avoided by consumers, and (3) is not outweighed by countervailing ben- efits to consumers or to competition.
(These practices are commonly called misleading or unfair business practices.) They include false advertising, misrepresentation, tied selling, and failing to comply with regulations. Under consumer protection laws, they are illegal and can lead to compensatory or punitive damages.
To prevail on statutory misappropriation claim the Plaintiff must prove by a preponderance of the evidence that (1) it possessed a trade secret, (2) it took reasonable steps to protect the secrecy, (3) the secret was misappropriated, and (4) resulting damages.
A misrepresentation of material fact; The representer made the misrepresentation without knowledge of its truth or falsity; The representer intended to induce another to act on the misrepresentation; and. An injury resulted to a party acting in reliance on the misrepresentation.
These practices include false advertising, a misleading sales pitch, or failing to disclose important information about a product or service. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) prohibits such practices.
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