Complying with the Florida Telephone Solicitation Act (FTSA) and Strategies for Defending (the Inevitable) FTSA Litigation

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With its low pleading hurdles and high, uncapped statutory damages, the FTSA has quickly become the favored statute for the class action plaintiff’s bar since the statute was amended to allow for a private right of action in July 2021. Hundreds of class actions have been filed since then, often alleging the receipt of autodialed telemarketing calls and marketing text messages without the requisite level of “prior express written consent.” Several FTSA cases have recently settled on class bases in the millions of dollars. Plaintiffs often assert that the FTSA was designed to fill the purported void created by the Supreme Court’s April 2021 decision narrowly interpreting the federal Telephone Consumer Protection Act’s (TCPA) autodialer provision. Yet, the FTSA preceded the TCPA by a year and, in fact, Florida has had an autodialer statute on the books since the late 1970s.

In this presentation, attendees will learn the history underlying the FTSA; what the FTSA requires in order to communicate with current and prospective customers in a compliant manner; how to avoid (or minimize) attracting an FTSA lawsuit, and some strategic litigation considerations if and when your client finds itself named as a defendant in one.

 

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