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Robocalling Florida Telephone Consumer Protection Act

Faegre Drinker Biddle & Reath LLP

FTSA’s Application to Nonprofits Remains Unsettled as Florida’s Legislative Session Will End Without Remedial Legislation

The FTSA - The FTSA (Fla. Stat. § 501.059), often referred to as Florida’s mini-TCPA, regulates how and when solicitors can call and text consumers. Most notably for present purposes, it prohibits telephonic solicitations...more

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

Carlton Fields

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

Carlton Fields on

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

Carlton Fields on

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

Saul Ewing LLP on

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

Baker Donelson on

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

Bilzin Sumberg on

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

Akerman LLP

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

Akerman LLP on

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

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

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 & Reese

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

Adams & Reese on

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

Robins Kaplan LLP

Florida Updates Its Telemarketing Laws with Mini-TCPA

Robins Kaplan LLP on

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

Blank Rome LLP on

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

Hogan Lovells

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

Hogan Lovells on

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 Locke

Florida’s New TCPA Law Effective July 1

Troutman Pepper Locke on

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

McGuireWoods LLP

Florida Enacts Mini-TCPA

McGuireWoods LLP on

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

Faegre Drinker Biddle & Reath LLP

S.D. Fla. Court Remands Case to State Court, Finding No Article III Injury

The Southern District of Florida recently remanded a case back to state court because the defendant that removed the case failed to establish that plaintiff suffered an Article III injury. Harris v. Travel Resorts of America,...more

King & Spalding

Circuit Split Emerges on TCPA Definition of “Auto-dialer”

King & Spalding on

On January 27, 2020, the Eleventh Circuit affirmed the Middle District of Florida’s order granting summary judgment in favor of defendant Hilton Grand Vacations Company, LLC (“Hilton”), and reversed the Northern District of...more

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