The Florida legislature passed a bill in May 2021, CS/SB 1120, that would update and expand the state’s existing telemarketing laws, the Florida Telemarketing Act and the Florida Do Not Call Act. This law is effective on July 1, 2021.Many of the new provisions of the bill are similar to the Telephone Consumer Protection Act (TCPA), including:
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Adding a private cause of action for any violations of the Florida Do Not Call Act.
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Requiring prior express written consent for prerecorded or automated calls or texts.
Florida Do Not Call Act
Under the existing Florida Do Not Call Act, callers are not allowed to make sales phone calls using an automated system for the selection or dialing of telephone numbers unless:
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The call is made in response to one placed by a consumer.
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The numbers are unlisted or have been scrubbed against the state Do Not Call list.
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The calls relate to goods or services previously ordered or purchased. (FL ST § 501.059.)
Furthermore, the Florida Do Not Call Act does not include exemptions from the definition of “telephonic sales calls.”
Changes to the Florida Do Not Call Act
CS/SB 1120 adds a private cause of action to the Florida Do Not Call Act, allowing consumers to recover the greater of actual damages or treble damages for any willful or knowing violations. Additionally, the new bill:
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Requires prior express written consent before making:
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telephonic sales calls via phone, text, or voicemail using an automated system for the selection or dialing of telephone numbers; or
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a prerecorded message.
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Defines the term “prior express written consent” similar to the TCPS, including:
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Requiring an electronic signature; and
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Informing consumers that consent is not required to purchase goods or services.
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Deletes the existing call exemptions and creates a rebuttable presumption that any call made to a Florida area code is a call made to a Florida resident.
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Broadens the scope of dialer technology that is subject to the law beyond that of the TCPA.
Florida Telemarketing Act
The Florida Telemarketing Act determines:
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Call timing.
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Licensure.
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Identification.
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Recordkeeping requirements.
(FL ST §§ 501.601 to 501.626.)
The Florida Telemarketing Act also includes many exemptions.
Changes to Florida Telemarketing Act
CS/SB 1120 makes many changes to the Florida Telemarketing Act, including:
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Changing the lawful call times.
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Prohibiting more than three sales phone calls within 24 hours about the same subject matter or issue, regardless of the number used to make the call.
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Outlawing the use of technology to intentionally conceal the identity of the caller, which is punishable as a second-degree misdemeanor.
Lastly, these amendments to the Florida Telemarketing Act apply to both non-exempt and exempt entities. In light of these changes to the Florida Telemarketing Act and the Florida Do Not Call Act, companies making sales phone calls should consider limiting their exposure to the risk of lawsuit by using consent processes in accordance with these new guidelines.
If your company uses telemarketing as part of your overall marketing strategy, you should pay attention to these new rules. Or better yet, call us, and we’ll help you to navigate them!