Florida Significantly Narrows The FTSA

One of the most litigated state telemarketing laws in the country has been significantly pared down. On May 2, 2023, the Florida legislature passed a bill to amend the Florida Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059. The bill was presented to Florida Governor Ron DeSantis on May 16 and was signed into law on May 25. In this post, we cover the origins of the FTSA, its prior scope, and how the amendments modify the law. This amendment should significantly curtail lawsuits filed under the FTSA against companies that use technology to assist in placing calls to consumers.

The FTSA's Origins

The FTSA was enacted in the aftermath of the U.S. Supreme Court's decision in Facebook v. Duguid, where the Supreme Court limited the reach of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, by interpreting the definition of an "automatic telephone dialing system" term narrowly. 592 U.S. ___, 141 S. Ct. 1163 (2021). The Supreme Court held that for