Recent FTSA Amendment Court Decisions Are Wins For Business

As readers of our blog know, the Florida Telephone Solicitation Act ("FTSA") (Florida's state law version of the Telephone Consumer Protection Act ("TCPA")) was amended in May 2023. While the FTSA amendments narrowed the FTSA's scope and clarified some ambiguities, two recent Florida decisions discuss the applicability of the FTSA amendments, and serve to limit the potential exposure businesses may face in future FTSA class action lawsuits.

FTSA Amendments Are Prospective And A Class Plaintiff Must Prove Actual Damages

In Holton v. eXp Realty, the Middle District of Florida was asked to determine whether the FTSA's amended provisions applied retroactively to class actions not certified prior to the amendments' effective date. In Holton, filed in February 2023 before the amendments to the FTSA became effective, the plaintiff alleged that defendant used an autodialer to send unsolicited marketing texts to him and a proposed class of Florida consumers. One of the