If you’ve ever picked up the phone to hear a prerecorded pitch for a product you don’t want—or received repeated text messages from a business you’ve never dealt with—you know how frustrating and disruptive illegal telemarketing can be. These interruptions don’t just waste your time; they invade your privacy, and in some cases, they’re a gateway to scams. Florida has taken a strong stance against these practices by passing the Florida Telemarketing Act (FTA), a law designed to protect consumers from aggressive or deceptive telemarketing.
The FTA works alongside the federal Telephone Consumer Protection Act (TCPA) to give you specific, enforceable rights. These laws don’t just limit what telemarketers can do—they give you a way to stop them and recover financial damages when they break the rules.
Abrams Justice Trial Attorney helps Florida residents use these laws to stop harassment, recover statutory damages, and hold violators accountable. Knowing your rights is the first step toward taking control of your phone again.
You Have a Right to Be Free From Unsolicited Calls and Texts
At the heart of the Florida Telemarketing Act is your right to be left alone unless you have given prior express written consent to receive sales calls, prerecorded messages, or text messages from a business. This right means telemarketers cannot simply buy your number from a list broker and start calling or texting you.
Here’s what “express written consent” really means:
- It must be a clear, affirmative agreement from you to be contacted.
- The agreement has to specifically authorize the use of automated systems for calls or texts.
- Pre-checked boxes or vague consent buried in a privacy policy are not valid.
For example, if you enter a raffle at a store and the fine print says you agree to marketing calls, that may not meet the strict requirements of the FTA. A robocall lawyer in Florida can review the circumstances to see if a company truly had permission or is violating the law. This right is critical because it shifts control to you—you decide who can contact you, not the other way around.
You Have a Right to Say “Stop” and Have That Request Honored
Even if you once agreed to receive calls or texts, the law gives you the power to revoke that permission at any time. Once you say “stop,” the telemarketer must comply immediately.
What this right looks like in practice:
- You can revoke consent orally during a call or in writing by text or email.
- You don’t need to use formal legal language—“Stop calling me” or “Remove me from your list” is enough.
- Once revoked, the company must stop all calls and texts to your number.
If a company keeps calling or texting after you’ve opted out, each additional contact is a separate violation worth $500–$1,500 in damages. This makes record-keeping essential—save texts, screenshots, and call logs so a top-rated TCPA lawyer in Florida can prove your case.
You Have a Right to Accurate Caller Identification
The FTA also prohibits caller ID “spoofing,” where telemarketers disguise their number to make it look like the call is coming from your area code, a local business, or even a government agency.
This right protects you from deceptive tactics that increase the likelihood you’ll answer. Spoofing is especially dangerous because it:
- Makes it easier for scammers to pose as trusted entities like your bank.
- Hides the caller’s real location, making it harder to trace violations.
- Creates confusion and undermines consumer trust in phone communication.
A lawyer can obtain call routing data to prove spoofing occurred, strengthening your claim and possibly increasing damages.
You Have a Right to Limited Calling Hours
Fla. Stat. § 501.616(6)(a) restricts telemarketing calls to between 8:00 a.m. and 8:00 p.m. local time. Calls made outside these hours are automatically unlawful.
This right ensures that businesses cannot intrude on your early mornings or late evenings, and violations are straightforward to prove with call logs. For example, if a telemarketer based in another time zone calls you at 10:30 p.m. Miami time, it’s a clear violation, even if they claim ignorance of the time difference.
An FTA lawyer in Florida can present these time-stamped records as evidence in court, often resulting in quick settlements.
You Have a Right to Be Contacted Only by Registered Telemarketers
Under Fla. Stat. § 501.605, telemarketers must register with the Florida Department of Agriculture and Consumer Services before making sales calls to residents. Failure to register is a violation in itself.
Registration ensures:
- Accountability—there’s a public record of who is making calls.
- Screening—companies with a history of fraud may be denied.
- Traceability—making it easier to enforce penalties.
If you receive a sales call from a company not on the registry, that’s an independent ground for a claim. A telemarketing lawyer in Florida can verify a caller’s registration status and include that violation in your lawsuit.
You Have a Right to Damages for Every Violation
The FTA and TCPA allow you to recover statutory damages—you don’t need to prove actual financial loss. The amounts are set by law:
- $500 per violation (Fla. Stat. § 501.626; 47 U.S.C. § 227(b)(3)).
- Up to $1,500 per violation for willful or knowing misconduct.
In Cordoba v. DIRECTV, LLC, 942 F.3d 1259 (11th Cir. 2019), the court affirmed that plaintiffs can recover damages for each unlawful call, even without proving actual monetary loss. This means that 40 illegal calls after you opted out could be worth up to $60,000. A lawyer will calculate your potential recovery and pursue the maximum allowed by law.
You Have a Right to a Clear Legal Process for Enforcement
The process for enforcing your rights typically follows these steps:
- Document the violations – Save call logs, screenshots, voicemails.
- Attorney review – A Robocall lawyer in Florida assesses whether state, federal, or both laws apply.
- Demand letter – The telemarketer is notified of violations and damages sought.
- Filing suit – If there’s no settlement, your attorney files in state or federal court.
- Resolution – Many cases settle; others go to judgment.
Under Fla. Stat. § 501.626, you can bring a civil action within the statute of limitations to recover damages and attorney’s fees.
You Have a Right to an Injunction Against Future Calls
Winning an FTA case isn’t just about money—it’s also about stopping the harassment for good. The court can issue an injunction prohibiting the telemarketer from contacting you again.
This right is especially valuable if you’ve been targeted repeatedly or if the calls have caused stress and disruption. It also forces the company to change its practices, protecting other consumers as well.
You Have a Right to Use Both State and Federal Law Together
One of the strongest tools you have is the ability to bring claims under both the FTA and the TCPA when a telemarketer violates both laws. This can:
- Increase your potential damages.
- Expand the scope of the violations you can claim.
- Give your attorney more legal options in court.
For example, a company sending autodialed texts without consent is likely violating both the TCPA and the FTA, meaning you could recover damages under both laws.
You Have a Right to Choose Representation That Puts You First
In FTA and TCPA actions, success depends on precise application of the law, thorough evidence collection, and strategic litigation. A qualified telemarketing attorney can subpoena call records, trace spoofed numbers, and prove lack of consent under statutory definitions. Legal counsel ensures all claims are filed within the statute of limitations, maximizes recoverable damages under Fla. Stat. § 501.626 and 47 U.S.C. § 227, and secures injunctions to prevent future violations. By focusing on both compliance gaps and intentional misconduct, your lawyer builds a case positioned for negotiation leverage or trial, ensuring your privacy rights and legal remedies are fully enforced.
You Have a Right to Take Action Now—Before Time Runs Out
Like most legal claims, FTA and TCPA cases are subject to statutes of limitations. Waiting too long to act could mean losing your right to recover damages, no matter how strong your case is.
By speaking with an FTA lawyer in Florida as soon as possible, you:
- Preserve critical evidence before it’s deleted.
- Increase your chances of stopping ongoing violations.
- Protect your right to full compensation.
Stop Illegal Robocalls and Recover Damages with Abrams Justice Trial Attorney
Unwanted calls and texts are more than an inconvenience—they’re a violation of your legal rights under the Florida Telemarketing Act and the TCPA. These laws give you the power to stop illegal telemarketing, recover statutory damages, and secure court orders to prevent future harassment.
Abrams Justice Trial Attorney is ready to investigate your case, gather the evidence, and pursue the maximum compensation available under the law. If you’ve been targeted by unsolicited calls or texts, don’t wait—contact us today to work with a telemarketing lawyer in Florida who will fight for your privacy, your peace of mind, and your rights.