Kertesz v. Net Transactions, Ltd.’s Empirical Analysis

Citation profile

2 district · 2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]n 2001, the Legislature made two changes to FDUTPA that are relevant to the issue before us. As noted, the Legislature replaced the word “consumer” with “person.” (The term “person,” the Committee Staff noted, “is understood to include a business.” See Senate Staff Analysis[, CS/SB 208, Mar. 22, 2001,] at 6.) The Legislature also amended the definition of “consumer” in § 501.203(7) to add “business” and “any commercial entity, however denom mated.” See Laws of Fla. Ch. 2001-39 § 1 (amending § 501.203(7) as described). So at the same time the Legislature expanded the definition of “consumer,” it replaced the term “consumer” with “person” in the section providing for monetary remedies for a violation of the statute. To us, this evinces an intent to expand the applicability of the remedies provision to more than just consumers. If the purpose had been to assure that businesses could avail themselves of the remedies under § 501.211(2), given “inconsistent court interpretations” in which “remedies available to individual consumers have not always been available to business consumers,” see Senate Staff Analysis at 4, that purpose could have been accomplished by the change to the definition of “consumer” (in § 501.203(7)), such that the term “consumer” did not have to be replaced with “person” in § 501.211(2). Thus a non-consumer (like a competitor, either individually or through a corporate form) could seek relief under the statute so long as the trade or commerce element of the”

   2 later decisions quote this exact passage · from the majority
   e.g. Intercoastal Realty, Inc. v. Tracy · 834 F. Supp. 2d 566 - In re Heartland Payment Systems, Inc.

2. “[t]o state a claim for injunctive and declaratory relief, Plaintiff must allege that Defendants engaged in a deceptive act or practice in trade and that Plaintiff is a person “aggrieved” by the deceptive act or practice. A claim for damages under FDUTPA has three elements: (1) a deceptive act or unfair practice; (2) causation; and (3) actual damages.”

   1 later decision quote this exact passage · from the majority
   e.g. Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc.