Florida Amends Mini-TCPA, Clarifies Confusion

Nearly two years ago, the Florida legislature amended Florida's Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, resulting in voluminous consumer class action and other litigation after there had previously been next to none. Now, the Florida legislature has again amended the statute, and in several business-friendly respects. Specifically, on May 25, 2023, Florida Gov. Ron DeSantis signed HB 761 into law, amending the FTSA and reducing some of the risks faced by businesses marketing to consumers in Florida through calls and text messages. As the authors here have written previously, the FTSA originally contained significant inconsistencies with the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq., with respect to prohibitions on marketing calls or texts and has faced multiple challenges on constitutional grounds since it was passed.