1. The Florida Telephone Solicitation Act (FTSA) was amended in 2023 to provide more clarity and balance in protecting consumers and businesses.
2. The original FTSA led to a large number of consumer complaints and class action lawsuits due to its broad reach and lack of protections for businesses.
3. The 2023 amendments to the FTSA narrowed the definition of an “auto-dialer” and provided more specific guidelines for businesses engaged in telephonic communications. – Holton v. XpRealty: The court ruled that the FTSA amendments did not apply retroactively and dismissed the case.
– Leigue v. Everglades College: The court found in favor of the plaintiff, holding that the FTSA amendments did not protect the defendant from liability for unsolicited text messages. 1. The amended provisions of the FTSA do not apply retroactively to class actions initiated before the effective date of the amendment.
2. In the case of Holton v. eXp Realty, the plaintiff did not assert that he replied with a “STOP” to the unsolicited marketing texts he reportedly received.
3. The court ruled that the amended FTSA’s application is prospective and does not violate any vested rights of the plaintiffs to represent a class. – The court in Leigue v. Everglades College denied class certification
– The court ruled that the plaintiff must plead and prove actual damages arising from the challenged telemarketing
– A plaintiff may only receive a single statutory damages award per action, rather than per violation
– The court determined that a plaintiff cannot pursue a class action for statutory damages under the FTSA without alleging and proving actual damages
– The court clarified that a plaintiff in a class action seeking statutory damages under the FTSA must demonstrate actual damages
– Intangible harms, such as annoyance or frustration, were dismissed as sufficient for an FTSA class action
– The court ruled that statutory damages under the FTSA are limited to $500 per action, or $1,500 if trebled, not “per violation” 1. The court noted that the amended Telephone Solicitation Act does not impair vested substantive rights and is constitutionally valid, according to dicta.
2. Businesses involved in FTSA class action lawsuits can benefit from the recent rulings, as they provide a new strategic landscape for navigating legal complexities.
3. Comprehensive record-keeping, especially regarding consumer opt-outs from text messaging campaigns, is key for businesses to ensure compliance and defend against potential class action exposure.
https://www.bradley.com/insights/publications/2024/01/recent-court-rulings-reinforce-the-validity-of-floridaamended-telephone-solicitation-act
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