JMG LAW GROUP & MARCUS ZELMAN: Florida TCPA Remains Alive and Well

Two bills aimed to alter Florida's version of the TCPA have been indefinitely tabled. This means
consumers still can get up to $500 for every marketing message sent to them without proper
prior consent.

MIAMI, April 20, 2022 /PRNewswire/ -- Florida's version of the TCPA, the Florida Telephone Solicitation Act ("FTSA"), will remain unamended for at least another year. Both House Bill 1095 and Senate Bill 1564, proposed amendments that would limit the effective protections of the FTSA, were "indefinitely postponed and withdrawn from consideration". As a result, the FTSA remains a broader check on businesses marketing practices than its federal counterpart.

            With the bills tabled, consumers have a stronger basis to bring legal claims for these unwanted messages. JMG Law Group, PLLC and Marcus & Zelman, LLC are teaming up to help you. Reach us at [email protected]

            The FTSA gives consumers a private right of action in recourse against companies who are sending marketing messages without proper consent. Under the unamended version of the FTSA, any marketing phone call or text message offering goods or services that was made without first obtaining the prior express written consent of the receiving party is a violation giving rise to a legal claim. As the FTSA only came into effect last July, many companies have yet to appropriately update their messaging disclosures to meet the FTSA's standard for prior express written consent. To be valid, the consent must:

• include the signature of the called party;
• clearly authorize the method of transmitting marketing messages;
• include the number being authorized for marketing; and
• must have a clear and conspicuous disclosure that: 1) the party is authorizing the receipt of marketing messages and 2) agreeing to this marketing is not a condition of purchasing any goods or services.

Without these conditions met, a consent is not valid. Any violating message affords the receiving party a private right of action to recover "actual damages or $500, whichever is greater". And with the bills tabled indefinitely, consumers can feel more secure in their rights against unwanted marketing.

            If you've received marketing messages such as phone calls or texts consumers, JMG Law Group & Marcus & Zelman, LLC can help you get the compensation you may be entitled to. Contact us with your spam texts at [email protected] for a free consultation.

SOURCE Marcus and Zelman LLC; JMG Law Group PLLC