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Florida TCPA – What You Need to Know

Aug 02, 2021
Shamis & Gentile, P.A.

The Telephone Consumer Protection Act (Florida TCPA) regulates telephone sales calls. This means that any person, entity, or business that conducts telephone solicitations in Florida must comply with the limits set out by the TCPA. The TCPA not only covers voice calls, but includes faxes, VoIP calls, and text messages.

Key Requirements

On June 29th of this year, Governor Ron DeSantis signed into law a bill which enacts changes to the Florida Telemarketing Act. The amendments include important changes to allow a private cause of action to be brought under the Florida Do Not Call Act. Plaintiffs will now be able to bring private causes of action in Florida alleging violations of the state’s telemarketing statutes.

Among other requirements, marketers may not:

  • call any person listed in the National Do Not Call Registry.
  • Call residences before 8 a.m. or after 9 p.m. in that residence time zone.
  • deliver artificial voice calls or recordings to residences without prior written consent.

TCPA Damages That Can be Recovered

Private party litigants can seek either Injunctive relief, actual damages or $500 for each violation of the Act (whichever is greater), or both Injunctive relief and damages. Additionally, courts have the discretion to treble damage awards if the violation is “willful and knowing,” meaning that, each $500 violation could possibly be increased to $1,500.

Limits on The Timing, Number, and Technology of Telephonic Sales Calls

In Florida, telemarketers are limited to calling between 8:00 a.m. and 8:00 p.m. They may not block their name or number from showing up on your caller identification system. Additionally, telemarketers may not make more than three solicitation phone calls from any number to a person over a 24-hour period to discuss the same topic.

 If you feel harassed by telemarketers, you may be eligible for damages. Speak to Shamis & Gentile, P.A. – dedicated to helping those harassed by telemarketers. Our attorneys have a wealth of knowledge and experience handling complex litigation cases and achieving significant victories and settlements for clients (over 500 million recovered and counting). Our team comes from diverse and unique backgrounds, making us equipped to bring the fight anytime and anywhere on behalf of our clients. Contact Shamis & Gentile, P.A. today about your Florida TCPA case.

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