Florida residents have legal protections against certain unwanted sales calls, automated telephone messages, and unsolicited marketing texts. The Florida Telephone Solicitation Act (FTSA), found in Florida Statutes Section 501.059, sets requirements for businesses that contact consumers by telephone. These rules address consent, automated dialing systems, recorded messages, and consumer remedies.
Individuals who receive unlawful communications may qualify for monetary damages. However, eligibility depends on the type of communication, whether consent existed, and whether the sender violated a specific legal requirement.
Understanding these distinctions can help Florida consumers recognize potential violations and respond appropriately.
Understanding Florida's Telephone Solicitation Act
The FTSA regulates telephone solicitations directed toward Florida consumers. It covers sales-related telephone calls, text messages, and voicemail transmissions.
The law applies to certain businesses operating within Florida and businesses located elsewhere that contact Florida consumers.
One important provision restricts unsolicited sales communications involving an automated system that selects and dials telephone numbers or plays recorded messages. In covered situations, businesses must obtain prior express written consent.
A valid consent agreement generally must identify the authorized telephone number, include the consumer's signature, and clearly explain the communications being authorized.
Electronic consent can qualify when it satisfies applicable requirements. For example, checking a consent box or responding affirmatively to an authorization request may create a legally recognized signature.
This means consumers should carefully review online forms before submitting their telephone numbers.
Local Spotlight: Florida's Updated Autodialer Rules
Florida revised its telephone solicitation requirements in 2023.
The changes clarified the type of automated dialing technology covered by the statute and expanded the forms of electronic authorization that may qualify as signatures.
The amendments also introduced an important requirement for lawsuits involving unwanted marketing texts.
Consumers generally must reply STOP to the sender and allow 15 days for the messages to cease before pursuing damages under the FTSA for those texts.
This requirement makes documenting unwanted communications especially important.
When Robocalls May Violate Florida Law
Not every unwanted telephone call violates the FTSA. Whether a communication is unlawful depends on its purpose, the technology involved, the consumer's consent, and applicable exceptions.
Potential warning signs include:
Unsolicited automated sales calls made without the required written consent.
Recorded marketing messages delivered without valid authorization.
Marketing texts that continue more than 15 days after a qualifying STOP request.
Commercial solicitation calls made outside Florida's permitted calling hours.
Repeated sales calls that exceed applicable daily limits.
Florida also restricts certain commercial solicitation calls to the hours between 8 a.m. and 8 p.m. in the recipient's time zone.
Under Section 501.616, covered solicitors generally cannot make more than three commercial solicitation calls within 24 hours about the same subject.
These restrictions provide additional safeguards beyond the rules governing automated dialing equipment.
How Much Compensation Could Consumers Recover?
Florida law permits an aggrieved called party to seek actual damages or $500, whichever is greater, for a qualifying violation.
If a court determines that the defendant acted knowingly or willfully, the court may increase the award to as much as three times the applicable amount.
For a statutory $500 award, this could mean up to $1,500.
However, these amounts are not guaranteed for every unwanted call or text. Courts may examine how damages should be calculated, whether the claimant meets statutory requirements, and whether the evidence supports the allegations.
Florida also has a prevailing-party attorney fee provision. Depending on the outcome, the losing party may be responsible for reasonable legal fees and costs.
Consumers should understand this financial risk before filing litigation.
Protecting Yourself From Unwanted Calls
Maintaining accurate records can make it easier to identify repeated violations.
Consumers should preserve call histories, voicemail recordings, text messages, and any communications showing that they requested the calls or messages stop.
When dealing with unwanted marketing texts, replying STOP to the sending number is particularly important under the FTSA.
The sender generally receives 15 days to stop sending solicitation texts before a damages action may proceed under the relevant provision.
A confirmation message acknowledging the opt-out request may be permitted.
Florida's Do Not Call Protections
Florida maintains a state telephone solicitation list through the Florida Department of Agriculture and Consumer Services.
The state system also incorporates Florida telephone numbers from the National Do Not Call Registry.
Registering a telephone number may reduce unwanted marketing communications, although registration does not prevent every lawful call.
Consumers can also submit complaints about suspected telemarketing violations.
Common Questions Around Florida Robocall Laws
Can Florida residents sue for unwanted robocalls?
Yes. Consumers may pursue legal remedies when the communications meet the requirements for a violation under state or federal law.
Does Florida require written consent for automated marketing calls?
Certain unsolicited automated or prerecorded sales communications require prior express written consent.
Can one unwanted text support a lawsuit?
A single unwanted text does not automatically establish an FTSA damages claim. The statutory opt-out requirements and other legal elements must be considered.
Are all automated calls illegal in Florida?
No. Some communications are permitted because of consent, statutory exceptions, or the nature of the message.
Can a business outside Florida violate Florida telemarketing laws?
Yes. Florida's telephone solicitation statute can apply to businesses located outside the state when they contact Florida consumers.
