The Florida Telephone Solicitation Act was amended to narrow the definition of an “auto-dialer” to require both selection and dialing of telephone numbers, making it more restrictive. This change may exempt click-to-dial and other systems that require manual processes from the amended definition. – The FTSA now requires prior express written consent for unsolicited telephonic sales calls, which can be obtained through checking a box indicating consent or responding affirmatively to advertising or email solicitation.
– The amendment includes a 15-day safe harbor for text messages, allowing consumers to stop receiving messages by replying “STOP” to the sender.
– The amendments apply retroactively to putative class actions that have not yet been certified, effective as of May 25, 2023.
https://www.saul.com/insights/blog/florida-dials-back-telephone-solicitation-act
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