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Florida Telephone Solicitation Act: Can you claim?

Oct 04, 2022
Shamis & Gentile, P.A.
Florida Telephone Solicitation Act: Can you claim?

The Florida Telephone Solicitation Act (FTSA) was signed into state law on July 1 2021. Telemarketers throughout the country, who promote their products and services to Florida residents, need to know about this law and how it affects their marketing campaigns. It is also important for Florida residents to know their rights in respect to this law, and what action they can take when they receive Florida spam texts.

What is The FTSA?

The FTSA imposes strict “opt-in” requirements for companies looking to reach Florida residents through calls and texts. It also imposes heavy penalties on those who fail to comply with the law’s stipulations. It applies, not only to Florida businesses, but also to those in other states who attempt to target Florida residents. The key element in this particular act is consent. Businesses may target Florida consumers via text and phone calls, provided they have written consent from their intended targets. Such consent must bear the signature of the called party, as well as the phone number that the receiver has authorised to receive calls and messages. The document must also contain a clear and conspicuous disclosure informing the consumer that, by signing the agreement, they grant consent to the company to contact them on that number for marketing purposes. It must also state that the consumer is under no obligation to sign the consent.

What Types Of Calls and Texts Are Covered In The FTSA?

The FTSA covers all telephonic sales calls, including text messages or voicemail transmissions. A company must obtain prior written consent before sending any messages of this kind.

When Can I Claim for Damages?

The act enables consumers to claim damages from any company that contravenes its terms. If ever you receive an unauthorized call or message from a company, you can sue to recover actual damages or $500, whichever amount is greater. 

Do I Need to Screenshot the Spam Text?

It is also best to have screenshots of the spam texts saved on your phone – this would be your most vital piece of evidence going into the suit. Save or copy all messages, make a written record of all the messages and calls you have received, and never delete your called ID record. Your lawyer will need to examine and submit all of this information if you decide to sue.

About Shamis & Gentile

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 have successfully prepared and filed numerous successful class actions and mass arbitrations against a wide variety of companies. We will be pleased to handle your case and help you get compensation for your Florida spam texts. Speak to one of our FTSA lawyers today.


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