FTSA Lawsuit Update

Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act ("FTSA") lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare, Inc., Defendant moved to dismiss Plaintiff's FTSA lawsuit on the grounds that Plaintiff failed to plead actual damages as required to maintain a class action under Fla. Stat. § 768.734(2). Although the Court granted Defendant's motion in part, significantly, the Court declined to dismiss Plaintiff's FTSA claim. We discuss the Court's decision in further detail below.

FTSA Lawsuit Survives Dismissal

Plaintiff, Janet Morris, filed a class action lawsuit against defendant, Lincare Holdings, Inc., for alleged statutory violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (the "TCPA"), and the FTSA. After Morris amended the complaint twice, Lincare moved to dismiss: (1) the TCPA and FTSA claims; and (2) Morris' request for