News & Analysis as of

Robocalling Florida

Bradley Arant Boult Cummings LLP

Upholding the FTSA Amendment: Recent Legal Triumphs and Implications for the Future of Florida’s Mini-TCPA

The Florida Telephone Solicitation Act (FTSA), effective July 1, 2021, has undergone significant amendments as of May 25, 2023, reshaping the legal landscape for businesses in Florida. Initially, the FTSA created a private...more

Manatt, Phelps & Phillips, LLP

Eleventh Circuit Doubles Down on Drazen II, Applies It to FTSA

A single text is sufficient to establish standing for purposes of the Florida Telephone Solicitation Act (FTSA), the Eleventh U.S. Circuit Court of Appeals recently held in an unpublished per curiam opinion, doubling down on...more

Carlton Fields

Robocalling into Florida: A Dicey Gamble in an Evolving Legal Landscape

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No one likes receiving telemarketing calls or text messages from strangers. That’s one reason Congress enacted the Telephone Consumer Protection Act more than 30 years ago. Initially designed, in part, to combat the scourge...more

Carlton Fields

How Fla. Amendment Changes the State's Mini-TCPA

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Last month, Gov. Ron DeSantis signed H.B. 761/S.B. 1308, a law that will amend the Florida Telephone Solicitation Act. Reports of the FTSA's death cannot be exaggerated. As I will discuss below, while there are some...more

Saul Ewing LLP

Florida Dials Back Telephone Solicitation Act

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On May 25, 2023, Florida Governor Ron DeSantis signed legislation amending the Florida Telephone Solicitation Act (“FTSA”). The amendment is intended to reign in the proliferation of individual and consumer class actions...more

Baker Donelson

Florida Legislature Course-Corrects with Amendments to the FTSA

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In 2021, the Florida Legislature took drastic action in amending the Florida Telephone Solicitation Act (FTSA) to make the statute more consumer-friendly after the United States Supreme Court's landmark decision in Facebook...more

Bilzin Sumberg

Florida Legislature Rolls Back Mini-TCPA While Florida Courts Make TCPA Claims Harder to File

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May was a difficult month for plaintiffs and potential plaintiffs with alleged Telephone Consumer Privacy Act and Florida Telephone Solicitation Act (“FTSA,” aka Florida’s “Mini-TCPA”) claims in Florida. First, the...more

Faegre Drinker Biddle & Reath LLP

Florida Governor Signs FTSA Amendments Into Law

Yesterday, Florida’s Governor signed HB 761, which makes significant changes to the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059)....more

Akerman LLP

The Tides They Are A-Changin': Two Major Developments in Florida Telemarketing

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In July 2021, Florida passed the Florida Telemarketing Solicitation Act (FTSA), affectionately called the "mini-TCPA" by some. Like the Federal Telephone Consumer Protection Act (TCPA), FTSA amended Florida's pre-existing...more

Hogan Lovells

New amendments to Florida Telephone Solicitation Act likely to curtail autodialer litigation

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Florida is poised to enact major changes to its anti-robocall law, the Florida Telephone Solicitation Act (FTSA). For the past couple of years, Florida has enjoyed a reputation for having the most restrictive automated...more

Pillsbury Winthrop Shaw Pittman LLP

Florida Legislature Reins in Florida Telephone Solicitation Act

The proposed amendment significantly tightens the conduct that constitutes a violation of the Florida Telephone Solicitation Act (FTSA). The amendment narrows the definition of “autodialer,” limits violations to...more

K&L Gates LLP

Florida Legislature Passes Bill to Bring Common-Sense Changes to the Florida Telephone Solicitation Act

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Florida’s legislature has sent changes to the Florida Telephone Solicitation Act (the FTSA) to the governor’s desk for signature that significantly restrict the scope of the act and the private right of action thereunder and...more

Faegre Drinker Biddle & Reath LLP

Florida Senate Approves House Amendments to mini-TCPA

The Florida Senate passed HB 761 late yesterday by a 29-10 vote, less than a week after the bill sailed through the Florida House by a 99-14 vote. As we previously reported, passage of this bill paves the way for significant...more

Faegre Drinker Biddle & Reath LLP

FTSA Does Not Apply to Calls Selling Services to Businesses

The Middle District of Florida partially rejected a plaintiff’s motion for entry of final default judgment in Brown v. Care Front Funding, No. 8:22-cv-02408-VMC-JSS, 2023 U.S. Dist. LEXIS 60879 (M.D. Fla. Apr. 6, 2023),...more

Faegre Drinker Biddle & Reath LLP

Legislature Poised to Overhaul Florida’s mini-TCPA

The Florida Legislature is moving quickly to pass significant remedial amendments to the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059) before the end of the legislative session this Friday. Should the...more

Adams and Reese LLP

Construction-Related Companies May Have Reason To Fear Florida’s New Telephone Solicitation Act

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Many have heard of the Telephone Consumer Protection Act (TCPA) which restricts automated calls or texts without a cell phone subscriber’s consent. The penalties for violating the TCPA are harsh and range from $500 to $1500...more

Venable LLP

Florida Legislature to the Rescue? House Bill Proposed to Fix the Florida Telephone Solicitation Act's Autodialer Provision

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The Florida legislature gaveth (to the telemarketing plaintiffs’ bar) in July 2021 when it amended the Florida Telephone Solicitation Act (FTSA). That same state legislature might now taketh away and cure some of the class...more

Robins Kaplan LLP

Florida Updates Its Telemarketing Laws with Mini-TCPA

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Florida’s new telemarketing rules—SB 1120 or better known as Florida’s mini-TCPA—went into effect on July 1, 2021. The new legislation creates a private right of action, with potential damages of up to $1500 for each willful...more

Sheppard Mullin Richter & Hampton LLP

Florida Expands Telemarketing Laws

Florida recently amended its existing telemarketing laws, the Florida Do Not Call Act and the Florida Telemarketing Act. SB 1120, which went into effect July 1, 2021, imposes significant additional restrictions (and...more

Blank Rome LLP

Florida’s “Mini-TCPA” May Be More Broad and More Severe Than Its Federal Telemarketing Counterpart

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On July 1, 2021, Florida enacted a comprehensive new telemarketing law that arguably goes beyond the federal Telephone Consumer Protection Act (“TCPA”). Referred to as Florida’s “Mini-TCPA,” this new law, CS/SB 1120, updates...more

Manatt, Phelps & Phillips, LLP

Amendments to Florida Statutes Impose More Stringent Requirements for Telemarketing Activity

On June 29, 2021, Florida Governor Ron DeSantis signed CS for SB 1120 into law, which amends and significantly expands Florida’s existing telemarketing laws. Specifically, the law amends both the Florida Do Not Call Act and...more

Hogan Lovells

Florida’s New “Mini” Telephone Consumer Protection Act Takes Effect

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On July 1, 2021, the Florida Governor signed legislation imposing new restrictions on telemarketing calls. The amendments to the Florida Consumer Protection Law and Florida Telemarketing Law, which are now in effect, create a...more

Troutman Pepper

Florida’s New TCPA Law Effective July 1

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This past April, the Florida legislature passed an amendment to Florida’s version of the Telephone Consumer Protection Act, CS/SB 1120. Two days before the amendment’s effective date of July 1, 2021, Governor Ron DeSantis...more

Jones Day

Florida Makes Significant Changes to State Telemarketing Laws

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Florida law now provides a private right of action for violations of various telemarketing rules, allows the use of certain automated telemarketing methods with prior express written consent, and imposes certain restrictions...more

McGuireWoods LLP

Florida Enacts Mini-TCPA

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On June 29, 2021, Florida Gov. Ron DeSantis signed into law Senate Bill 1120, which amends the Florida Telemarketing Act and creates a state-law analog to the federal Telephone Consumer Protection Act (TCPA)....more

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