Florida law now provides a private right of action for
violations of various telemarketing rules, allows the use of
certain automated telemarketing methods with prior express written
consent, and imposes certain restrictions on telemarketing
methods.
On June 29, 2021, Florida Governor Ron DeSantis signed into law
a bill that makes significant amendments to
the state's telemarketing laws. The amendments became effective
on July 1, 2021. These amendments come in the wake of the Supreme
Court's recent Facebook decision, which all but
eviscerated the Telephone Consumer Protection Act
("TCPA"). Provisions of the bill include:
Private right of action. For a violation of any
of the telemarketing rules in Florida Statute Section 501.059,
consumers can now sue to enjoin the violation and recover actual
damages or $500, whichever amount is greater. A court may award up
to three times that amount for a willful or knowing violation.
Previously, only Florida government
