On May 2, the Florida legislature passed amendments to the Florida Telephone Solicitation Act (FTSA) that would drastically narrow its scope and presumably cut down on the number of class actions filed pursuant to it. The bill will take effect immediately after it is signed by Governor DeSantis.

Among other things, the proposed amendments would:

  • Make the prohibitions applicable only to unsolicited calls. The FTSA would not apply to calls made pursuant to an existing business relationship or in response to an inquiry.
  • Limit the definition of an autodialer to an automated system that both automatically selects and dials telephone numbers.
    • “Automated system” is currently defined under the statute as an “automated system for the selection or dialing of telephone numbers.”
  • Create a 15-day safe harbor for text solicitations. Solicitors would have 15 days to cease texting (other than a confirmation text) after receiving a do-not-text request from a would-be plaintiff and would not be liable for texts in that 15-day period.
    • The FTSA time limits (no marketing communications after 8 p.m.) and contact limits (three attempts per 24 hours) would still apply during the 15 day period.
  • Broaden the signatures that qualify as an e-signature. The FTSA previously required a signature that complied with the E-SIGN Act; the amendment expands signatures to include an “act” as a “signature” where the act demonstrates express consent. This includes checking a box indicating consent or responding affirmatively to text messages, an advertising campaign, or an email solicitation.
  • Apply retroactively to any class action not certified on or before the effective date of the amendment.

Troutman Pepper will continue to monitor this legislation as well as similar statutes in effect in Oklahoma and Maryland and will provide updates as they occur.

Photo of Virginia Bell Flynn Virginia Bell Flynn

Virginia is a first chair litigator with a diverse practice, representing clients in the health care and financial services sectors. Her managed health care work is focused on defending insurers, managed care organizations, and plan administrators in complex multiparty and single-plaintiff litigation. Virginia…

Virginia is a first chair litigator with a diverse practice, representing clients in the health care and financial services sectors. Her managed health care work is focused on defending insurers, managed care organizations, and plan administrators in complex multiparty and single-plaintiff litigation. Virginia helps clients navigate a range of claims, including bad faith, breach of contract, ERISA, the Mental Health Parity Act (MHPA), out-of-network, and issues arising under common law. As a go-to advisor for some of the largest companies in the U.S., Virginia has litigated matters in more than 21 states.

Photo of David M. Gettings David M. Gettings

Dave is a partner of the firm who focuses on defending clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer

Dave is a partner of the firm who focuses on defending clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA) and associated FCC regulations, the Fair Debt Collection Practices Act, the Truth in Lending Act, the Electronic Fund Transfer Act, and many similar state consumer protection statutes.

Photo of Brooke Conkle Brooke Conkle

Brooke Conkle offers consumer-facing companies compliance counseling and litigation services to help them address federal and state consumer protection laws. Recognizing the challenges facing financial services companies, she provides in-depth analysis of complex issues related to consumer protection and compliance.