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Plaintiff Alleges Local Competitor Engaged in Fraudulent Misrepresentation

FLORIDA RECORD

Sunday, December 22, 2024

Plaintiff Alleges Local Competitor Engaged in Fraudulent Misrepresentation

State Court
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Florida 6th Circuit Pinellas County Elizabeth Jack | facebook.com

PMB Painting, Inc., a Florida-based corporation, has filed a lawsuit against Damien Acevedo and his company, ALLCITYPainting, LLC, accusing them of engaging in unfair competition and fraudulent activities. The complaint was filed on November 19, 2024, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida. PMB Painting alleges that Acevedo unlawfully accessed their business account on Thumbtack—a platform used for generating business leads—and redirected potential clients to his own company.

According to the complaint, PMB Painting claims that Damien Acevedo impersonated representatives from PMB to mislead customers into believing they were engaging with PMB when they were actually being diverted to ALLCITYPainting. This alleged deception resulted in PMB losing a significant contract worth $14,900 and suffering reputational damage due to poor-quality work falsely attributed to them by a negative review on Thumbtack. The plaintiff asserts that these actions not only caused financial loss but also harmed their standing within the industry.

The lawsuit details several accusations against Acevedo and ALLCITYPainting. It includes counts of tortious interference with business relationships, violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), and fraudulent misrepresentation. PMB Painting argues that Acevedo's unauthorized access to their Thumbtack account constitutes deceptive trade practices under Florida law. They further allege that this misconduct led to confusion among customers and damaged PMB’s reputation as a reliable service provider.

In seeking justice, PMB Painting demands compensatory damages for lost profits and reputational harm. They are also pursuing punitive damages as well as injunctive relief to prevent further unauthorized access or misrepresentation by the defendants. Additionally, they request attorney’s fees and costs associated with bringing this case forward.

Representing PMB Painting is attorney Douglas G. Jackson from The Law Firm of Douglas G. Jackson, P.A., based in St. Petersburg, Florida. The case is presided over by Judge Ken Burke under Case Number 24-005069-CI.

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