When the Telephone Consumer Protection Act (TCPA) was first passed in 1991, it was intended only to protect consumers against unwanted marketing phone calls. Technology has since moved on, of course, and the act now extends to all forms of electronic marketing communications, including text messages and emails. In order to keep up with changing technology, the act has had to undergo a number of revisions over the years, and its provisions now extend to texting as well. Here is what you need to know about marketing text messages under the TCPA in Florida.
Text messaging rules keep changing
Not only has the TCPA had to change in order to expand its purview to text messaging as well as phone calls, but the rules it applies to text messaging are themselves also constantly subject to change. There are two main provisions regarding text messaging – one that applies to auto-dialers, and one that applies to the National Do-Not-Call List. Here in Florida, there are additional rules as well, since the state’s Senate Bill 1120 became effective in July 2021. Marketing companies and consumers should all keep themselves informed on both the federal and state regulations and any changes that might be applied to either one.
What you need to know about text messaging TCPA rules
The TCPA rules regarding text messages apply to auto-dialing systems and the National Do-Not-Call List. Essentially, companies are prohibited from using auto-dialing systems to distribute telephonic marketing messages, and they are also not allowed to contact any number that is registered on the Do-Not-Call List. That seems simple enough, but there are some additional rules under Florida’s mini-TCPA, which is included in Senate Bill 1120.
In addition to reiterating the federal law’s requirements that no sales calls or messages may be made to any consumers without express written permission, the mini-TCPA also includes a broader definition of an auto-dialer: “an automated system for the selection or dialing of telephone numbers or the playing of a recorded message.” Companies who use dialing systems should check whether they meet this definition update them accordingly.
Additional provisions include the prohibition against sending any marketing text messages before 8am and after 8pm (Floridian companies must ensure that their dialing systems are compliant across both Eastern and Central Time). No more than three messages may be sent in a 24-hour period – regardless of the phone number used to send the message.
When to hire a TCPA attorney in Florida
If you are planning a telemarketing campaign, you should consult a TCPA attorney before implementing it. This will ensure that the campaign is compliant. Consumers should consult TCPA attorneys if they receive illegal texts and phone calls from marketing companies.
Contact a TCPA lawyer
Shamis & Gentile provides outstanding legal services in Florida and New York. When you bring your case to us, you will always work with a seasoned TCPA attorney who has an excellent track record. We are progressive and trusted within the legal community, and we are often called upon to settle cases that other law firms may not be able to handle on their own. Our TCPA attorneys help consumers to take action against non-compliant companies, as well as assisting businesses in creating telemarketing campaigns that are in line with TCPA guidelines. Book a consultation with a TCPA lawyer today.
