– Florida has adopted its own version of the Telephone Consumer Protection Act, known as Florida’s Mini-TCPA, which is similar to the federal TCPA.
– The changes to the Florida Do Not Call Act include the removal of existing call exemptions, the addition of a prior written consent requirement for marketing calls using an automated system, and the creation of a private right of action for citizens.
– The exemptions for automated marketing calls, such as calls made in response to a call initiated by the called party, screening numbers on the Department’s “no sales solicitation calls” listing, and calls concerning goods or services previously purchased by the called party, have been removed.
– Businesses need to review their automated call systems and policies to ensure compliance with the new law. – Florida businesses must obtain prior express written consent for marketing calls made with an automated system.
– The written agreement must include the signature of the called party, clearly authorize the use of an automated system, include the authorized number to be contacted, and provide a disclosure about the use of an automated system.
– The updated law also provides a private right of action for individuals to bring enforcement actions, allowing for the recovery of damages and attorneys’ fees. 1. Commercial calls in Florida are now limited to the time period of 8 a.m. to 8 p.m. local time in the consumer’s location, rather than 9 p.m. as before.
2. Businesses are now restricted to making no more than three calls to a person in a 24-hour period on the same subject matter or issue, regardless of the phone number used to make the call.
3. The use of technology to display a different caller identification number than the number the call is originating from to conceal the caller’s true identity is now prohibited.
https://www.jimersonfirm.com/blog/2021/12/floridas-new-mini-tcpa-changes-florida-telemarketing-act-florida-not-call-act/
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