Major FTSA Amendments Signed Into Law

As our readership knows, the Florida State legislature passed House Bill 761 ("HB 761") on May 4, 2023. On May 25, 2023, Governor DeSantis signed the bill into law, clearing the path for major amendments to the Florida Telephone Solicitation Act ("FTSA") to take effect. The FTSA is Florida State's equivalent to the Telephone Consumer Protection Act ("TCPA"). The TCPA is a federal statute designed to protect consumer privacy by restricting certain types of telemarketing communications. Although modeled after the TCPA, the FTSA has been much more restrictive for telemarketers. This led to a disproportionate number of claims filed under Florida's Mini-TCPA, in comparison to other state equivalents. HB 761 contains major FTSA amendments designed to shift the balance back to a more favorable playing field for the telemarketing industry. Please note that the FTSA amendments take effect immediately and apply retroactively to all FTSA matters in which a class has not yet