On top of the Federal Telephone Consumer Protection Act (“TCPA”), Florida has a robocall law that provides many additional protections to consumers receiving annoying telemarketing messages.
In addition to the TCPA, the recently updated Florida Telemarketing Act (“Florida’s mini-TCPA”) provides a host of special protections for Florida consumers, including:
- prohibiting calling 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. Fla. Stat. § 501.616(6)(b);
- prohibiting the use of technology that deliberately displays a different caller identification number than the number the call is originating from to conceal the caller’s true identity. Fla. Stat. § 501.616(7)(b);
- limiting the times that a consumer may be called to only between 8 a.m. and 8 p.m.; and
- prohibiting telephone sales calls (including text messages or voicemails) without the consumer’s prior express written consent, if the caller used an auto-dialer.
Especially significant is that, unlike the TCPA, Florida’s mini-TCPA applies to a much broader category of auto-dialers and robocalling machines. So, while the TCPA may only apply to calls made with an artificial (robotic) or prerecorded voice, Florida’s mini-TCPA also applies to calls made with “an automated system for the selection or dialing of telephone numbers or the playing of a recorded message.” In other words, predictive dialers and other machines that can be used to call consumers may qualify as auto-dialers in Florida in many circumstances where they would be unregulated under the federal TCPA.
Like the TCPA, Florida’s mini-TCPA provides for recovery of actual damages or $500 per violation, whichever is greater, plus attorney’s fees and costs, and a potential to treble (triple) the award, up-to $1,500 per violation, in certain circumstances.
If you live in Florida and believe you may have received advertising or telemarketing call, text message, or voicemail without your consent, do not hesitate to contact us at info@pkglegal.com or at (561) 726-8444 for a free evaluation of your claim.
In the meantime, be sure to save and separately screenshot each of the communications at issue—they will be very important to evaluating your potential case.