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Napa alleges that SiNextran violated Florida's Deceptive and Unfair Trade Practices Act. {1} This case arises out of Plaintiffs' suit for fraud, unfair and deceptive trade practices, negligent misrepresentation, and breach of contract.Fraudulent Act, Fraud or Fraud in the Inducement, Negligent Misrepresentation, Negligence,. Plaintiff's allegations of fraud and negligent misrepresentation are virtually indistinguishable. Unfair Trade Practices Act (CUTPA), General Statutes. Count I of Plaintiffs complaint appears to assert claims for breach of contract and fraudulent misrepresentation. The court addresses each in turn. 1. Consumer Protection. Section 5(a) of the FTC Act provides that "unfair or deceptive acts or practices in or affecting commerce . . . Oddsen, Jr., filed a Complaint on August 6, 2008, alleging.