Florida’s Mini-TCPA Amended

The state of Florida is walking back some aspects of its mini-TCPA.  Florida bill CS/CS/HB 761 passed the House on April 26, 2023, and subsequently passed the Senate. The bill was presented to Florida Governor Ron DeSantis on May 16, 2023. The Governor has fifteen days to either sign or veto the bill. Even if not signed by the Governor, the bill will become law unless vetoed. If made law, the amendments will go into effect immediately.

Notably, the amendments to the Florida Telephone Solicitation Act “FTSA” would limit what constitutes as an automated telephone dialing system “ATDS” and broadens the definition of express written consent. The Florida bill would amend the FTSA by:

• Revising the prohibition on telephonic sales calls that use an automated system to specifically include unsolicited calls using automated systems for the selection AND dialing of telephone numbers or playing of a recorded message.
• Clarifying what constitutes consent and clear and conspicuous disclosure.
• Revising what constitutes a consumer’s “signature” for purposes of giving prior express written consent to include either an electronic or digital signature or an “act demonstrating consent,” which may include a simple affirmative response.
• Providing a safe harbor period of fifteen days from the date a consumer texts STOP to the telephone solicitor that he or she does not want to receive text message solicitations.
• Applying retroactively to any class action not certified on or before the effective date of the bill.

Maintaining compliance with telemarketing regulations is becoming more difficult as more states jump on the mini-TCPA bandwagon. Laws in Florida, Washington, New York, Oklahoma, and the new Maryland law go beyond the federal TCPA. Please reach out to us at connect@compliancepoint.com if you have any questions about telemarketing laws or how CompliancePoint can assist your organization with managing your marketing compliance.