Florida’s Senate Bill 1120 became effective July of 2021. Is has striking similarities to the TCPA, and amends the Florida Telemarking Act.
Florida’s Mini-TCPA is a direct response to the Supreme Court’s April 2021 decision that the TCPA covers only random-fired texts and calls to cells phones from auto-dialers. In reality, it has created a greater risk for litigation than the TCPA because it bans autodialed calls without consent, though never clearly defining auto-dialer parameters.
Florida’s Mini-TCPA Key Requirements
Express Written Consent
No solicitation phone calls, including those made through automated dialing or prerecorded messages, can be made without written consent of called parties.
Exemption Removal
Prior law gave several exemptions for automated marketing calls. The new adoption removed these exemptions. This creates a need for businesses to review their automated call systems and policies.
Expanded Auto-dialer Definition
The Florida statute defines a dialer differently than the TCPA. According to the Florida law, it is any calling system that automatically presents the next number for dialing. This means that dialing platforms such as preview dial and click to call systems, could be considered auto-dialers under the Florida law, though not under the TCPA.
Private Right of Action
Enforcement of a private right of action is now provided. This means plaintiffs can seek an injunction or recovery for money damages and recover attorney’s fees.
How can you comply with Florida’s Mini-TCPA?
The law assumes that any texts or calls made to a Florida area code are a resident or someone in Florida at the time of the call. Both groups are under this umbrella of legislation, which increases the amount of potential litigation.
Also, similar to the TCPA, the act gives aggrieved entities right to action. If they win their case they can obtain an injunction and recover money damages and attorney fees.
Florida’s Mini-TCPA Compliance Checklist
- NGet express consent in writing from anyone you plan to text.
- NLimit number of text messages someone can receive in a 24-hour period.
- NOnly send messages between 9 AM and 8 PM in the recipient’s local time zone.
- NIndicate who the message is coming from in every message.
- NInclude opt-out language in every message.
- NAbsent consent ensures your dialer is not an auto-dialer under the law
Florida’s Mini-TCPA Essentials
Compliance Training
: Routine compliance training should be scheduled regularly with all relevant team members.
Comprehensive Policy
Establish clear cut company policy that details all rules and procedures for mobile marketing. Add to the employee handbook for ease of access.
Policy and Procedure Updates
Federal regulations change and amend over time, so staying current is a must. New requirements need to be operationalized throughout the organization with policy and procedure dissemination.
Resource
Jimerson Birr, Florida’s New Mini TCPA
This information is not intended to serve as legal advice. Nor is it intended to act as compliance advice specific to the processes of any specific company. Application of compliance laws is a company-specific endeavor. We recommend that you contact compliance counsel to discuss the application of information found herein to your operations.
