What damages can I recover in a Florida auto dealer fraud case?
In a Florida auto dealer fraud case, you may be entitled to actual damages, attorney's fees, and court costs under FDUTPA. In odometer fraud cases, you can recover treble damages. The specific damages available depend on the nature of the fraud and the statutes that apply to your situation.
Under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), the primary measure of damages is actual damages — the difference between the value of what you were promised and the value of what you actually received. In a vehicle fraud case, this typically means: the diminished value of the vehicle due to undisclosed prior damage; the cost of repairs for defects the dealer was required to disclose; the amount of unauthorized charges added to your contract; or the difference between the interest rate you were promised and the rate you actually received.
FDUTPA does not provide for punitive damages. However, the attorney's fees provision — which requires the losing defendant to pay the prevailing plaintiff's reasonable attorney's fees and costs — is often more valuable in practice. In a case where actual damages are $5,000 but the dealer's attorney's fees exposure is $50,000, the economics strongly favor settlement on terms favorable to the consumer.
In odometer fraud cases, the federal Odometer Act (49 U.S.C. § 32701 et seq.) provides for the greater of three times actual damages or $1,500, plus attorney's fees and costs. This treble damages provision means that even a relatively small odometer discrepancy can result in a significant recovery.
In cases involving a dealer's failure to pay off a trade-in, damages can include: the amount of payments made on the trade-in vehicle after the sale; damage to your credit score and the resulting economic harm (higher interest rates on subsequent loans, denial of housing or employment); and in some cases, the cost of defending a repossession action on the trade-in.
The most important thing to understand about Florida consumer fraud damages is that the attorney's fees provision makes cases economically viable even when the direct damages are modest. A consumer who was overcharged $2,000 on a dealer fee can pursue that claim because the dealer will be required to pay the consumer's attorney's fees — which may far exceed the $2,000 in direct damages — if the consumer prevails.