Suits Already Filed Under Updated Florida Laws

The first lawsuits have already been filed pursuant to Florida's recently amended telemarketing laws, which were updated as of July 1 to provide for expanded liability.

Senate Bill 1120, signed into law on June 29 by Gov. Ron DeSantis, significantly broadened the state's existing telemarketing laws by amending both Florida's Do Not Call Act and the Florida Telemarketing Act.

Under the amended laws, businesses must obtain prior express written consent for all "telephonic sales calls" made using an "automated system for the selection or dialing of telephone numbers or the playing of a recorded message."

In addition, the changes provide a private right of action for any violation of the Do Not Call Act, which covers automated telephonic sales calls made without the prior express consent of the called party, calls to subscribers on Florida's Do Not Call list, calls to persons who previously communicated they did not wish to be called, calls that fail to identify