When Liability Comes Calling: Understanding Florida’s New Telephone Solicitation Act

Active

Program Number

31312

Program Date

2021-12-09

CLE Credits

For over thirty years, the federal Telephone Consumer Protection Act (TCPA), 42 U.S.C. § 227, has reigned supreme among laws regulating automated technology used to transmit robocalls/text messages. All that changed in July of 2021 when the Florida legislature unanimously passed CS/SB 1120. This bill updates the Florida Consumer Protection Law and the Florida Telemarketing Act to create another version of the TCPA—commonly referred to as the Florida “Mini-TCPA” But do not let the name fool you.

The Florida law is just as poignant and, in some instances, more restrictive than the TCPA. Among several features, Florida’s definition of an automated system is broader than the TCPA’s, which was narrowed by the U.S. Supreme Court’s recent Facebook v. Duguid, decision. Thus, it is possible for a call to not be subject to the TCPA’s restrictions, but still be regulated under Florida law.

This presentation will examine the Florida law, draw comparisons to the TCPA, discuss recent legal trends, and provide practical pointers for companies and senders to defend litigation arising under this new law.