- Adding a private cause of action for any violations of the Florida Do Not Call Act.
- Requiring prior express written consent for prerecorded or automated calls or texts.
Florida Do Not Call Act
- The call is made in response to one placed by a consumer.
- The numbers are unlisted or have been scrubbed against the state Do Not Call list.
Changes to the Florida Do Not Call Act
- Requires prior express written consent before making:
- telephonic sales calls via phone, text, or voicemail using an automated system for the selection or dialing of telephone numbers; or
- a prerecorded message.
- Defines the term “prior express written consent” similar to the TCPS, including:
- Requiring an electronic signature; and
- Informing consumers that consent is not required to purchase goods or services.
- Deletes the existing call exemptions and creates a rebuttable presumption that any call made to a Florida area code is a call made to a Florida resident.
- Broadens the scope of dialer technology that is subject to the law beyond that of the TCPA.
Florida Telemarketing Act
- Call timing.
- Recordkeeping requirements.
Changes to Florida Telemarketing Act
- Changing the lawful call times.
- Prohibiting more than three sales phone calls within 24 hours about the same subject matter or issue, regardless of the number used to make the call.
- Outlawing the use of technology to intentionally conceal the identity of the caller, which is punishable as a second-degree misdemeanor.