Trent Cotney, Partner, Adams and Reese, LLP
If you run a business, you should be aware of Florida’s version of the national Telephone Consumer Protection Act (TCPA), which legislators passed last year. This state version, Senate Bill 1120 (SB 1120), is similar to the federal TCPA and includes a private cause of action. It has been called Florida’s Mini-TCPA.
This law made revisions to the state’s Do Not Call Act (Section 501.059, Florida Statutes) and the state’s Telemarketing Act (Section 501.616).
Revisions to the Do Not Call Act
As you know, the Do Not Call Act was passed as a measure to protect consumers from unwanted solicitations. The changes to the law have created more restrictions for businesses.
Exemption Removals: In the earlier version of Do Not Call, there were three exemptions for automated marketing calls. Under these circumstances, calls were permitted:
■ If the phone number was not on the “no sales solicitation calls” list.
■ If the call was made as a response to a customer-initiated call.
■ If the call regarded services or goods previously purchased by the party called.
SB 1120 removed all these exemptions, making it more difficult for businesses to pursue customers.
Written Consent: The law stipulates that all marketing calls have “prior express written consent” for all numbers within an automated dialing system. The consent must be signed by the party being called and authorizes the caller to make the call or send the text. The agreement must include the number that is approved for contact and it must specify disclosure details that inform the called parties that they are authorizing telephone contact.
Private Right of Action: If the parties being called claim that a company has violated these rules, they can bring action to recover damages or enjoin the violations. Such damages can be $500 per violation or may represent actual harm to the parties affected.
Additional offenses can bring higher damage costs. Affected parties can also recover resulting attorney fees.
The Telemarketing Act was also created to protect consumers and requires businesses to follow set guidelines. SB 1120 included the following changes:
Time of Calls: Businesses are allowed to place calls only from 8 a.m. to 8 p.m. in the consumers’ local time zone. The end time used to be an hour later (9 p.m.).
Number of Calls: Businesses are not allowed to place more than three calls to an individual about the same issue within a 24-hour time period. This rule applies even if the person in question has multiple phone numbers.
Caller ID: The law prohibits businesses from using technology that adjusts caller ID to show a number that conceals the actual identity of the caller.
As a business owner, you likely use any means possible to engage with new and existing customers. However, you must comply with these legal requirements. Take the time to review your telemarketing processes and policies to ensure you discontinue any practices that
are not allowed. You do not want to aggravate your customers or have your company become the subject of a lawsuit.
The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Trent Cotney is National Construction Team Leader for Adams and Reese, LLP and General Counsel for FRSA. For more information on this subject, please get in touch with the author at trent.cotney@arlaw.com.
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