The Florida Telephone Solicitation Act (FTSA), Florida’s version of the Telephone Consumer Protection Act (TCPA), has officially been amended, with Gov. Ron DeSantis signing into law changes that limit the reach and impact of the statute.
Enacted in 2021, the FTSA triggered a host of lawsuits and copycat laws in other states.
The Florida Legislature elected to amend the law with the passage of House Bill 761, which took immediate effect as of May 25.
Among the tweaks are a narrowed definition of “autodialer,” bringing the FTSA in line with the TCPA. Now, to meet the definition of “autodialer” under the amended law, a system must both automatically select and dial numbers.
In addition, previously, the FTSA required express written consent for telephone sales calls using an autodialer. The amendment reduces the scope of liability to “unsolicited” calls, effectively permitting calls made to recipients who have an “established business relationship” with the sender.
The amended law also features a new pre-suit notice requirement for text messages. Consumers who want to file suit under the FTSA based on the receipt of texts must first respond to a text message asking for future messages to stop and then give the sender 15 days’ notice to stop sending texts. Only after the 15 days have passed and the sender continues to send text messages can a consumer initiate litigation under the FTSA.
Finally, the amended statute will be applied retroactively to pending putative FTSA class actions in which the class has yet to be certified.
To read HB 761, click here.
Why it matters
While the amendments to the FTSA are a welcome change, companies should remember that other states followed in Florida’s footsteps after its initial passage, leaving a patchwork of potential liability under state laws across the country.