PEOPLE SECTORS SERVICES INSIGHTS ABOUT US LOCATIONS NEWS CAREERS DLA Piper Global Law Firm NEWSROOM NEWSROOM AWARDS AND RECOGNITIONS CONTACT SOCIAL MEDIA Email + Share DLA Piper successfully represents Porsche Cars North America in Florida Supreme Court ruling Share this 15 JAN 2015 DLA Piper has successfully represented Porsche Cars North America Inc. (PCNA) in a case involving its high intensity discharge headlights (HIDs) that was recently affirmed by the Florida Supreme Court. Five Florida owners and lessees of Porsche vehicles who had HIDs stolen from their vehicles alleged that PCNA violated the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) by unfairly failing to inform customers that Porsche’s HIDs were susceptible to theft, failing to offer replacement HIDs at a reduced cost, and failing to take steps to make the HIDs “harder” to steal and to otherwise prevent the thefts. The plaintiffs, who by using the multiplier of class action status claimed anywhere from $20 to $30 million in total damages, also claimed that PCNA was unjustly enriched by the class members’ purchases of replacement HIDs. DLA Piper represented PCNA at the trial, appellate and Florida Supreme Court levels, arguing that the court was required to apply the 1980 FTC three-prong test for “unfairness,” which requires that the plaintiff prove the alleged injury was not “reasonably avoidable” by the consumer. The appellate court agreed and held that there can be no class-wide proof that the alleged injury was not reasonably avoidable. The Florida Supreme Court declined to hear the case and affirmed the appeals court ruling on December 16, 2014. The DLA Piper team was led by William Kiniry (Philadelphia) and included Matthew Goldberg, Nate Heller, Terry Smith (all Philadelphia); Stefanie Fogel (Boston); and Fredrick McClure, Colin Thompson, Trumon Phillips and Donna Look (all Tampa). “This ruling really changes the application of the law when it comes to the use of the Florida Deceptive and Unfair Trade Practices Act in a class action setting, and this case is being cited as the authority because of that,” Kiniry said. “And while this matter is not over, we are excited by the Supreme Court’s decision and by the precedent this case is setting.” Share this RELATED SERVICES Litigation, Arbitration and Investigations RELATED PEOPLE Stefanie Jill Fogel Matthew A. Goldberg Nathan P. Heller William F. Kiniry, Jr. Fredrick H.L. McClure J. Trumon Phillips DLA Piper is a global law firm with lawyers located in more than 40 countries throughout the Americas, Europe, the Middle East, Africa and Asia Pacific, positioning us to help clients with their legal needs around the world. Twitter LinkedIn Facebook YouTube Instagram Slideshare WeChat Alumni Contact Us Cookie Policy Corporate Responsibility Legal Notices Privacy Policy Slavery And Human Trafficking Statement 2017 © 2018 DLA Piper. DLA Piper is a global law firm operating through various separate and distinct legal entities. For further information about these entities and DLA Piper's structure, please refer to the Legal Notices page of this website. All rights reserved. Attorney advertising. Location: United States