Office of the Attorney General, State of Florida, Department of Legal Affairs v. Wellness Program Services, LLC, Christopher Kennedy, Jeffrey Taraday, and Mariano Piompino
The Fourth DCA reversed the trial court's judgment in favor of Piompino in an OAG FDUTPA enforcement action, holding that Piompino's on-the-record stipulation that he had authority to control Trusii's operations—coupled with co-owner testimony—was sufficient to satisfy the 'some measure of control' test for individual FDUTPA liability. The court held the trial court committed legal error in its framing of OAG's burden and that its finding that FDUTPA liability was not proven was not supported by competent, substantial evidence.
Key facts
- The Florida OAG sued Wellness Program Services (Trusii) and three individual owners—Kennedy, Taraday, and Piompino—under FDUTPA for deceptive wellness machine sales, scientifically unsupported health claims, a 'bait and switch' case-study reimbursement scheme, and misrepresentations about service capabilities.
- After the corporate entities defaulted, a bench trial was held on individual liability; Kennedy and Taraday were found liable and subjected to permanent injunctions; Piompino represented himself and did not testify.
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Holdings
- Individual FDUTPA liability requires proof that the individual 'actively participated in or had some measure of control over the corporation's deceptive practices'; an on-the-record…
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Why it matters
This decision has immediate practical value for FDUTPA enforcement practitioners and defense counsel in multi-defendant corporate fraud litigation. It confirms that in-court oral stipulations are binding and reliance on… — full analysis with a trial
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