Mini-TCPAs Start To Take Center Stage

After years of litigation in federal courts across the country over purported Telephone Consumer Protect Act (TCPA) violations, there has been a recent shift in focus to what is known as mini-TCPAs being enacted by state legislatures which seek to regulate intrastate telemarketing communications. In particular, dozens of putative class actions have been filed over the last several weeks in Florida alleging violation of the Florida Telephone Solicitation Act, Florida's mini-TCPA. Amendments to the Florida Telephone Solicitation Act went into effect July 1, 2021 and included an expansive definition of "automated dialers;" new restrictions for prior express written consent for all telephonic sales calls using an automated system; and a private cause of action that allows recovery of at least $500 per violation.