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ARTICLE · 24 JUNE 2022

Are FTSA Lawsuits Here To Stay?

Klein Moynihan Turco LLP
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About a year ago, the Florida Telephone Solicitation Act ("FTSA") went into effect. The law imposed additional restrictions on telemarketing beyond those contained in the Telephone Consumer Protection Act ("TCPA")...

United StatesConsumer Protection
David O. Klein
David O. Klein
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About a year ago, the Florida Telephone Solicitation Act ("FTSA") went into effect. The law imposed additional restrictions on telemarketing beyond those contained in the Telephone Consumer Protection Act ("TCPA") and created a state-based avenue for telemarketing litigation. Over the last year, FTSA lawsuits have changed the telemarketing landscape in Florida. The FTSA even inspired an almost identical law passed in Oklahoma recently, dubbed the "Oklahoma mini-TCPA." All in all, the FTSA is here to stay, so businesses must stay vigilant.

How have FTSA lawsuits impacted the state of telemarketing litigation?

Within weeks of the FTSA's going into effect, plaintiffs began filing lawsuits. Mostly concentrated in South Florida, these new telemarketing lawsuits not only involved a brand new statute with no judicial interpretations, but also gave plaintiffs the strategic benefit of litigating in state court. Federal courts across the country have a universal set of

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