What Is The Florida TCPA?

On July 1, 2021, Florida's Telephone Solicitation Act ("FTSA") took effect. Recognizing the prevalence of telemarketing in the state, Florida decided to update its telemarketing laws to regulate intrastate communications in a more restrictive manner than that of the Telephone Consumer Protection Act ("TCPA"). The TCPA is a federal statute designed to protect consumer privacy by restricting certain types of telemarketing communications. Florida's TCPA has become colloquially known as a Mini-TCPA. Since Florida updated its laws, other states, such as Washington and Oklahoma, have followed suit. These regulations have been coined Mini-TCPAs because they are the state equivalents of the TCPA. Over the years, the TCPA has been subject to wide-ranging interpretation across various federal circuit courts. Florida saw the need to enact its own TCPA to ensure more consistent adjudication of telemarketing claims by its courts. As detailed below, significant differences exist