Friedlander v. PDK Labs, Inc.

In our prior opinion in this case published as Friedlander v. PDK Labs, Inc., 59 F.3d 1131 (11th Cir.1995), we stated:

It is clear that a plaintiff may only bring an action under the FBPA against a defendant who engages in deceptive or unfair practices that have the potential to harm the general consuming public....

The Georgia Court of Appeals, however, has also stated that a plaintiff may only bring a lawsuit under the FBPA “in his capacity as an individual member of the consuming public who has suffered damage as the result of an unfair or deceptive act or practice which had or has potential…