OwlIf you're a Florida homeowner whose solar installer won't honor a production guarantee, the state's consumer-protection law is the Florida Deceptive and Unfair Trade Practices Act — FDUTPA. It gives a person who suffered a loss the right to recover actual damages and, as the prevailing party, attorney's fees and costs. This page explains what FDUTPA prohibits, how it can relate to a production-guarantee shortfall, and what it does — and doesn't — pay out.
A note on what this page is. This is general information about a Florida statute — not legal advice. OwlWatt is not a law firm. Whether FDUTPA applies to your dispute, what your demand should say, and whether to file suit are questions for a licensed attorney in Florida. A licensed attorney can use your production documentation as evidence. We cite the statute directly so you can read it yourself; statutes are also amended, so confirm the current text before relying on it.
What FDUTPA Prohibits
FDUTPA, Florida Statutes §501.201 and following, declares a broad category of conduct unlawful:
"Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful." — Fla. Stat. § 501.204(1). Source: flsenate.gov (verified 2026-06-19).
Like several other states, FDUTPA tells Florida courts to give "due consideration and great weight" to how the Federal Trade Commission and the federal courts interpret §5(a)(1) of the FTC Act (§501.204(2)). The statute doesn't list every prohibited act; it's a general standard the courts apply to the facts.
How FDUTPA Can Relate to a Production-Guarantee Dispute
A production guarantee is a contract term, and a plain breach of contract is not automatically a FDUTPA violation — Florida courts generally distinguish a breach from the kind of deceptive or unfair practice FDUTPA targets. What can bring an installer's conduct within the statute is its deceptive or unfair character: for example, misrepresenting what the system would produce. Whether a particular installer's conduct crosses that line is fact-specific and is the judgment a licensed Florida attorney makes — not something OwlWatt or this page can decide for you. What OwlWatt provides is the factual foundation: a documented, weather-adjusted production shortfall measured against your contract's guarantee.
The Remedy: Actual Damages and Attorney's Fees
FDUTPA's private remedy is in §501.211(2):
"In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney's fees and court costs as provided in s. 501.2105…" — Fla. Stat. § 501.211(2). Source: flsenate.gov (verified 2026-06-19).
An important accuracy point: FDUTPA's private remedy is actual damages — it does not provide multiple or treble damages for a private claimant, unlike (for example) New Jersey's Consumer Fraud Act. "Actual damages" under FDUTPA has its own body of case law (often framed around the difference between what was promised and what was delivered); how it would be measured for a production shortfall is a question for a licensed Florida attorney. The fee provision is in §501.2105:
"In any civil litigation resulting from an act or practice involving a violation of this part, except as provided in subsection (5), the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, may receive his or her reasonable attorney's fees and costs from the nonprevailing party." — Fla. Stat. § 501.2105(1). Source: flsenate.gov (verified 2026-06-19).
Note this is a two-way prevailing-party fee provision: the prevailing party "may receive" fees from the nonprevailing party. That cuts both ways — it can help a homeowner who wins, but a homeowner who loses can face the other side's fees. This is exactly the kind of risk to weigh with a licensed Florida attorney before filing.
Pre-Suit Notice
FDUTPA's private-remedy provision does not impose the kind of 30- or 60-day pre-suit demand letter that Massachusetts (Chapter 93A), California (CLRA), or Texas (DTPA) require before a private damages action. That said, your contract may contain its own notice-and-cure clause, deadlines and limitations periods always apply, and sending a clear, documented written demand first is good practice regardless — it can resolve the dispute, and it builds your record. Confirm what notice your specific situation requires with a licensed Florida attorney.
What This Means in Practice
If you're a Florida homeowner facing a production-guarantee shortfall, the steps are:
- Document the shortfall. You need a specific, weather-adjusted figure — guaranteed kWh, actual kWh, and the dollar amount — not a vague complaint about low production. That documented loss is the foundation of any FDUTPA "actual damages" claim.
- Talk to a licensed Florida attorney. FDUTPA distinguishes a deceptive practice from a plain breach, "actual damages" has its own measurement rules, and the two-way fee provision is a real consideration. An attorney can also tell you whether your facts support an FDUTPA claim or a straight breach-of-contract claim.
- Send a documented written demand. Even without a statutory notice requirement, a specific, sourced demand can resolve the dispute and strengthens your record if it doesn't.
If you'd rather understand the general escalation path first, see escalating a solar production claim, which also lists the Florida Attorney General's Consumer Protection Division — reachable at (866) 966-7226, with a complaint form at myfloridalegal.com. For the broader Florida solar context, see solar in Florida.
Sources
All statutory quotations on this page were verified against the official Florida Statutes (flsenate.gov) on 2026-06-19. Statutes are amended; confirm the current text before relying on it.
- Fla. Stat. § 501.204 — Unlawful acts and practices (flsenate.gov)
- Fla. Stat. § 501.211 — Other individual remedies (flsenate.gov)
- Fla. Stat. § 501.2105 — Attorney's fees (flsenate.gov)
- Florida Attorney General — Consumer complaint form (myfloridalegal.com)
Further Reading
- Solar Production Guarantee Demand Letter — a free, generic written-demand template (have an attorney tailor it for your situation).
- Escalating a Solar Production Claim — the full escalation ladder and a state Attorney General consumer-protection directory.
- Massachusetts Chapter 93A Against a Solar Installer — the comparable Massachusetts consumer-protection statute.
- How to File a Production Shortfall Claim — assembling the documentation that becomes your loss.
- Solar Production Guarantees, Explained — what the guarantee clause obligates the installer to do.
- Solar in Florida — storm exposure, heat losses, and what local arrays should produce.
An FDUTPA Claim Starts With a Documented Loss.
FDUTPA's actual-damages remedy turns on what you lost. OwlWatt produces exactly that: a weather-adjusted, dollar-denominated production shortfall measured against your contract's guarantee, using NREL's PVWatts model. OwlWatt is not a law firm and does not provide legal advice; a licensed Florida attorney can use this documentation as evidence.
Start free and document your shortfall.