Confusing ‘reasonable consumer’ split in Florida courts

Law360 (June 28, 2021, 4:42 p.m. EDT) – At least since 1903 – when Judge Richard Collins, acting as master of the rolls in the English Court of Appeal ruling on the defamation of McQuire v. Western Morning News Co., discussed the “reasonable man” standard as a “man on the Clapham Highway” point of view[1] – lawyers and judges in all countries with common law traditions have grappled with this standard.[2]

In this column, we take a look at different issues under the Florida Deceptive and Unfair Business Practices Act, or FDUTPA, and highlight areas in which the courts are divided. One place where decisions diverge is the question of who decides …

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