Just a few months after the U.S. Supreme Court narrowed the applicability of the federal Telephone Consumer Protection Act (TCPA), Florida has enacted a law that imposes broad prior consent requirements on phone and text solicitations and provides for statutory damages and a private right of action for violations.
Governor DeSantis signed CS/SB 1120 on June 29, 2021, and the law took effect on July 1. The law prohibits a person from making a telephonic sales call to a consumer if the call involves “an automated system for the selection or dialing of telephone numbers or the playing of a recorded message” (emphasis added) – unless the caller has the consumer’s prior express written consent.
Notably, when compared with the TCPA:
With its provision of statutory damages of $500 per violation, with possible trebling for willful or knowing violations, the Florida law hands plaintiffs’ attorneys a new tool for going after calling and texting campaigns. Companies should review their campaigns to ensure compliance.