Understanding Florida’s FTSA – Why It Was Created and What It Means for Consumers
The Florida Telephone Solicitation Act (FTSA), codified at Fla. Stat. § 501.059, was originally enacted in the early 2000s to supplement federal telemarketing protections with a state-specific framework. However, the FTSA gained significant attention—and power—when it was amended by the Florida Legislature in 2021. These 2021 amendments were passed in direct response to a narrowing of federal protections under the U.S. Supreme Court’s ruling in Facebook v. Duguid (2021), which severely limited the definition of an autodialer under the TCPA.
Florida lawmakers recognized that consumers were increasingly vulnerable to text message marketing campaigns and telemarketing calls that used advanced technology that no longer qualified as ‘autodialers’ under the TCPA. The legislative intent behind the FTSA’s amendment was to restore consumer protections in Florida that had been weakened by federal case law. Lawmakers sought to fill that gap by creating a broader, more flexible state law to deter unlawful contact by telemarketers.
The 2021 FTSA amendment imposed new requirements: written consent from consumers before marketing calls or texts could be made, and a private right of action allowing Florida consumers to sue for $500–$1,500 per call or text. In 2023, lawmakers amended the FTSA again, creating a mandatory ‘STOP’ opt-out provision and granting businesses a 15-day window to comply before incurring liability. This revision aimed to balance consumer protection with practical compliance efforts by legitimate businesses.
In summary, the FTSA is a reflection of Florida’s commitment to defending consumer privacy in the digital age. While federal law has narrowed over time, Florida has stepped up with a robust, adaptable statute that allows trial lawyers and everyday consumers to fight back against nuisance marketing.
A History of the TCPA – How a 1991 Law Became a Digital-Age Privacy Tool
The Telephone Consumer Protection Act (TCPA) was signed into law in 1991 by President George H. W. Bush. At the time, American households were increasingly plagued by unwanted telemarketing calls, faxes, and prerecorded messages. The TCPA was Congress’s answer to growing public frustration over intrusive marketing tactics and the abuse of emerging phone technologies.
The TCPA was enacted with the intent of balancing consumer privacy with legitimate business outreach. It prohibits the use of automatic telephone dialing systems (ATDS), prerecorded voice messages, and unsolicited faxes without prior express consent. It also created the national Do Not Call Registry and empowered the Federal Communications Commission (FCC) to implement and enforce telemarketing rules.
Over the years, TCPA litigation surged, with courts interpreting the law broadly—until 2021. That year, in Facebook, Inc. v. Duguid, the U.S. Supreme Court narrowed the definition of an autodialer, ruling that to qualify under the TCPA, a device must use a random or sequential number generator. This decision immediately limited the reach of the TCPA in many consumer cases involving text messages and modern dialing platforms.
Despite this setback, the TCPA remains one of the most powerful federal privacy statutes on the books. Its private right of action, which allows for $500 to $1,500 in statutory damages per violation, has made it a critical enforcement tool. While technology has evolved, the TCPA continues to serve as a bedrock for holding robocallers, spammers, and data abusers accountable. Combined with newer state laws like Florida’s FTSA, consumers and their attorneys still have strong legal options to protect digital privacy.