A bill recently signed into law by Florida Governor Ron DeSantis is expected to dramatically impact businesses that engage in telemarketing and text message marketing to Florida residents. The bill, CS/SB 1120, amends current Florida law to require companies that contact consumers via automated sales text messages and telephone calls to first obtain the receiving consumer’s express written consent. Violators of the law face fines of $500 per violation, plus the potential for increased damages and attorneys’ fees. Due to the law’s similarity to the federal Telephone Consumer Protection Act of 1991 (TCPA), the law has been referred to as Florida Mini-TCPA law.
Key Features of Florida’s New Mini-TCPA Law
Key features of Florida Mini-TCPA law include:
- The law applies to automated systems for the dialing or selection of telephone numbers or the playing of a recorded message when a connection is completed.
- The law defines a “telephonic sales call” as a text message, phone call, or voicemail transmission to a consumer for the purpose of soliciting an extension of credit for consumer services or goods, soliciting a sale of any consumer services or goods, or obtaining information that may or will be used for the direct solicitation of a sale of consumer services or goods or an extension of credit.
- The law defines a “called party” as the “regular user” of the phone. This differs from the federal TCPA, which also includes the subscriber to the phone.
- The law imposes a written consent standard that is similar to the federal requirement under the TCPA.
- The law entitles an aggrieved party to $500 per violation.
- The law limits the hours during which a party may place a telephonic sales call to between 8:00 a.m. and 8:00 p.m.
- The law contains provisions that address the use of spoofed numbers.
- The law prohibits the placement of more than three telephone solicitation calls from any number to a person in a 24-hour period on the same issue or subject matter, regardless of the phone number used by the party making the call.
Contact a Florida TCPA Attorney
If you are the recipient of unsolicited telemarketing calls, our experienced Florida TCPA attorney can help you obtain financial compensation for your troubles. When you contact experienced TCPA attorney Seth Lehrman, he’ll diligently pursue financial compensation on your behalf. Seth Lehrman represents individuals who have received unwanted sales calls or texts in TCPA cases in Florida and across the U.S. If your TCPA claim is successful, you are eligible to recover up to $1500 for each documented violation of the TCPA law. And if you live in Florida, you may be entitled to additional compensation under Florida’s Mini-TCPA law. So, if you have received unsolicited robocalls or have been subjected to other harassing behavior by telemarketers, please contact us today for a free consultation.