In June 2021, Governor Ron DeSantis signed an update on the Florida Telemarketing Act into law. Known as the Florida Telephone Solicitation Act, this new law extends the reach of its predecessor and takes an even broader approach than the federal equivalent, the Telephone Consumer Protection Act (TCPA). Consumers and advertisers alike need to know what this act means regarding their rights and responsibilities.
What Is The FTSA?
The FTSA was signed into law on July 1st, 2021. It imposes strict opt-in requirements and heavy penalties for telemarketers who fail to obtain Floridians’ consent before attempting to advertise to them through phone calls or text messages. It is similar to the federal TCPA but maybe even broader in scope and application. It states that a telemarketer must obtain “prior express written consent” before it can “make” or “allow [to be made]” a telephonic sales call using an automated system for the selection or dialing of telephone numbers. Prior to the FTSA, there were exceptions to the requirement of express permission. These exceptions have been removed. The prior written consent must contain the called party’s signature and must clearly authorize the contracting party to call or message them. The relevant contact number must be included, as well as a conspicuous disclosure clause, which must make it clear that the called party is under no obligation to sign, and that signing is not a precondition for the provision of goods and services.
What Types of Calls Are Covered and What Is Not Covered?
The act covers telephonic sales calls, defined as: “a telephone call, text message, or voicemail transmission to a consumer for the purpose of soliciting a sale of any consumer goods or services, soliciting an extension of credit for consumer goods or services, or obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.” This definition has been in place for several years and was not amended for the new act.
New Provisions In the Amended Act
In addition to the requirement for express written consent, as well as the removal of the exceptions that were previously allowed, the new terms of the act now provide for the explicit right of action under Florida law. The law also expressly restricts companies from making any call that “involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed” without the prior express written consent of the called party.”
About Shamis & Gentile, P.A.
Shamis & Gentile, P.A. provides outstanding legal services in Florida and New York. We distinguish ourselves because of our experience and resources, which we combine to handle any kind of case involving personal injury, personal injury protection, class actions/mass tort, and contract disputes. When you bring your case to Shamis & Gentile, you will always work with a seasoned 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. We work with both consumers and businesses on FTSA cases. If you have a case involving Florida’s Telephone Solicitation Act or any matter involving unsolicited marketing calls and texts, contact us and book a consultation with an FTSA lawyer or TCPA lawyer.
