The Florida Telephone Solicitation Act, known as the FTSA and codified at Fla. Stat. 501.059, is the most litigated state mini-TCPA. It took effect on July 1, 2021 and was amended on May 25, 2023.

Florida Telephone Solicitation Act Requirements

The FTSA requires prior express written consent before sending automated marketing calls or texts to Florida consumers, and its autodialer concept is broader than the federal standard, covering systems that automatically select or dial numbers. It limits solicitation to 8 a.m. to 8 p.m., caps calls at three per 24 hours on the same subject, prohibits caller ID spoofing, and honors Florida’s no sales solicitation calls list on top of federal registries.

The 2023 Amendment and Litigation Risk

The 2023 amendment narrowed the law somewhat: consent language was clarified, and a texter now gets a 15 day cure window after a consumer replies STOP before that consumer can sue over continued texts. The private right of action allows 500 dollars per violation, trebled to 1,500 for willful violations, plus attorney fees, and FTSA class actions remain common. Businesses texting Florida numbers need signed, retained opt-in records and immediate STOP processing.

Source: Florida Senate: Fla. Stat. 501.059

Report a violation: If you believe a business is violating this law, you can file a complaint with the Florida Attorney General Consumer Protection Division.