On May 3, 2023, the Florida Senate passed House Bill 761 (“HB 761”). As our readership is aware, the Florida House of Representatives previously passed HB 761 to address the proliferation of claims filed under Florida’s Telephone Solicitation Act (“FTSA”). The FTSA was originally designed to address the rise in intrastate telemarketing. However, the FTSA ended up being more restrictive than the statute it was modeled after – the Telephone Consumer Protection Act (“TCPA”). As a result, Florida’s telemarketing law became a major obstacle to customer-facing companies doing business in the State.
The next step for HB 761 is presentment to Florida’s Governor, Ron DeSantis, who will have 15 days to sign or veto the bill.
What HB 761 Means to Florida Telemarketing
As previously reported, the most significant effect that HB 761 will have on the FTSA is the narrowing of what type of dialing equipment is prohibited by the telemarketing law. The latest iteration of HB 761 proposes to update the FTSA by changing the “automated system” provision from prohibiting the use of an:
“automated system for the selection or dialing of telephone numbers.”
“automated system for the selection and dialing of telephone numbers.”
This change is extremely important because plaintiffs that file lawsuits under Florida’s current telemarketing law take advantage of the expansive and unclear definition of what an “automated system” is.
HB 761 also modifies Florida’s telemarketing law to add an additional form of signature for a consumer expressing consent to receive marketing communications. Under the proposed amendments, a consumer can check a box to indicate his/herconsent.
Finally, HB 761 proposes to add a safe harbor provision. HB 761 states that before any FTSA action may be filed for unsolicited text message solicitations, the consumer must have texted “STOP” to the dialing number and, nonetheless, subsequently received text messages. Only further telemarketing communications sent after a 30-day window following the “STOP” directive would be actionable.
Hire Experienced Telemarketing Attorneys to Comply with FTSA Law
Since its enactment, the FTSA’s expansive and ambiguous language has caused significant legal headaches for companies that call and/or text Florida State consumers. Governor DeSantis’s signature is all that remains before HB 761 becomes law. In the interim, businesses should remain proactive in ensuring compliance with the current form of the FTSA law. The attorneys at Klein Moynihan Turco have years of experience in all aspects of telemarketing law and are well-equipped to keep your business updated on significant regulatory compliance developments.
If you require assistance with telemarketing law compliance or related litigation defense, please email us at email@example.com or call us at (212) 246-0900.
The material contained herein is provided for information purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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