Florida’s new telemarketing rules—SB 1120 or better known as Florida’s mini-TCPA—went into effect on July 1, 2021. The new legislation creates a private right of action, with potential damages of up to $1500 for each willful violation. Violations can also lead to companies being prohibited from calling activities in Florida. Under the law, any call to a Florida area code is presumed to be a call to a person in the state.
Perhaps most strikingly, Florida’s definition of an auto-dialer is broader than the federal TCPA definition. Florida’s broader definition includes systems that select or dial telephone numbers or play recorded messages. And auto-dialers must now seek written consent from consumers before making sales or marketing calls. “This restriction even applies to calls made with an established business relationship and calls to consumers who are not on the Florida state DNC list,” reports JD Supra. Other updates include changing the legal calling time from 8 a.m. - 9 p.m. to 8 a.m. - 8 p.m. and capping the number of call attempts at three per 24-hour period.
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