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ARTICLE · 22 JULY 2021

Florida Expands Telemarketing Laws

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Florida recently amended its existing telemarketing laws, the Florida Do Not Call Act and the Florida Telemarketing Act.

United StatesConsumer Protection
Genevieve Perez
Genevieve Perez
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Florida recently amended its existing telemarketing laws, the Florida Do Not Call Act and the Florida Telemarketing Act. SB 1120, which went into effect July 1, 2021, imposes significant additional restrictions (and additional penalties for violations) on businesses making calls to Florida residents or Florida area codes.

The amendments expand upon Florida's existing telemarketing laws in a variety of ways. Florida law now requires a marketer to obtain prior express written consent for all "telephonic sales calls" (which is defined broadly and includes text messages) made using an autodialer. It also removes certain exemptions that were in the existing laws that allowed telemarketers to make sales calls if (a) the call was made in response to the consumer initiating the call, (b) the called number was not listed on the Do Not Call List, or (c) the call related to goods or services previously purchased by the customer. The amended law requires prior express written

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