News & Analysis as of

Telemarketing Florida

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

ArentFox Schiff

Investigations Newsletter: Florida Telemarketer Sentenced to 15 Years in Prison for $67 Million Medicare Fraud Scheme

ArentFox Schiff on

Florida Telemarketer Sentenced to 15 Years in Prison for $67 Million Medicare Fraud Scheme - On December 6, Jose Goyos was sentenced to 15 years in prison for his role in managing a deceptive telemarketing scheme to...more

Bradley Arant Boult Cummings LLP

Navigating Claims Under the Florida Telephone Solicitation Act and Florida Telemarketing Act

A recent decision out of the U.S. District Court for the Middle District of Florida was very favorable for businesses defending Florida Telephone Solicitation Act (FTSA) and Florida Telemarketing Act (FTA) claims. The...more

Klein Moynihan Turco LLP

TCPA Case Filings on the Rise!

Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida...more

Klein Moynihan Turco LLP

FTSA Lawsuit Update

Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare,...more

Klein Moynihan Turco LLP

Carefully Examine Those TCPA Complaints!

Last month, in Woodard v. Health Insurance Alliance (“HIA”), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing Plaintiff’s Telephone Consumer...more

Klein Moynihan Turco LLP

FTSA Standing

Readers of our blog may recall a recent article in which we discussed two Florida class action lawsuits that significantly limited telemarketing companies’ exposure in cases alleging violations of the Florida Telephone...more

Faegre Drinker Biddle & Reath LLP

Middle District of Florida Analyzes Standing for Professional Plaintiffs

The U.S. District Court for the Middle District of Florida recently denied a defendant’s motion to dismiss on standing grounds even though plaintiff remained on the line to discover the identity of the caller solely for the...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

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Expands on Drazen II, Holding that an Unwanted Text is Sufficient for FTSA Standing

In a per curiam unpublished opinion, the Eleventh Circuit recently held that a plaintiff had standing to assert claims under the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059) for his receipt of five...more

Quarles & Brady LLP

Using Text Messages for Marketing? Proceed with Caution in Florida

Quarles & Brady LLP on

Many businesses let out a collective sigh of relief when the Florida Legislature’s amendments to the Florida Telephone Solicitation Act (FTSA) went into effect in May 2023. These amendments looked to bring an end to a...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Overturns Salcedo, Holding that One Text is Sufficient for TCPA Standing

In a unanimous en banc decision, the Eleventh Circuit recently held that “a single unwanted, illegal telemarketing text message” is sufficient to allege a concrete injury under the TCPA. Drazen v Pinto, No. 21-10199, 2023 WL...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

Quarles & Brady LLP

A Return to (Relative) Sanity: Amendments to the Florida Telephone Solicitation Act

Quarles & Brady LLP on

Less than two years after amendments to the Florida Telephone Solicitation Act (FTSA) sent shockwaves through the business community and ushered in a flood of litigation, Florida enacted HB 761, which again substantially...more

McGuireWoods LLP

Pro-Business Amendments to Florida’s ‘Mini-TCPA’ Now in Effect

McGuireWoods LLP on

On May 25, 2023, Gov. Ron DeSantis signed into law amendments to the Florida Telephone Solicitation Act, Fla. Stat. § 501.059, a state-law analog to the federal Telephone Consumer Protection Act (TCPA)....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

Hogan Lovells

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

Hogan Lovells on

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

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

Jackson Lewis P.C.

The New Wave of Florida Telephone Solicitation Act Litigation

Jackson Lewis P.C. on

With advances in technology and business marketing come changes in the law and new litigation. Many businesses are familiar with the federal Telephone Consumer Protection Act (TCPA) but may be less familiar with Florida’s...more

Carlton Fields

Do Choice-Of-Law Provisions Curb Fla. Telemarketing Claims?

Carlton Fields on

The Florida Telephonic Solicitation Act was significantly amended in 2021. The most notable amendments that became effective as of July 1, 2021, included... Originally published in Law360....more

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