Understanding the TCPA: What Telemarketing Laws Mean for Florida Consumers

Unwanted calls and texts aren’t just annoying—they can be illegal. The federal Telephone Consumer Protection Act (TCPA) and Florida’s telemarketing statutes give Miami-Dade consumers real tools to stop robocalls, sue repeat offenders, and recover money damages. If you’re fielding spam texts during dinner or waking up to a “ringless” voicemail pitch, here’s what these laws mean for you—and how Abrams Justice Trial Attorney can help you use them to your advantage.

What TCPA Covers

The TCPA is a federal statute (47 U.S.C. § 227) that restricts automated calls, prerecorded messages, unsolicited faxes, and many marketing texts. It also ties into the National Do Not Call (DNC) Registry and requires prior consent for certain outreach. Violators face statutory damages—typically $500 per call or text, tripled to $1,500 for willful or knowing violations—plus potential injunctions that force bad actors to stop.

Florida adds two key layers: the Florida Telemarketing Act (licensing, bonding, and disclosure rules for commercial telephone sellers) and Florida’s Telephone Solicitation law , which restricts automated sales calls and texts and was updated in 2023 (HB 761) to clarify consent and notice issues. What it covers:

Autodialed or prerecorded calls to your cell phone without consent
Text message marketing sent using automated systems without prior consent
Ringless voicemail campaigns that drop ads into your voicemail box without ringing your phone
Do Not Call violations for sales calls to numbers on the Registry

Why the TCPA Matters in Florida

Robocalls and automated texts aren’t random inconveniences; they can drain time, invade privacy, and pressure people into risky purchases or “accident clinic” schemes. Illegal calls may target you when you’re at your most vulnerable, which is one reason people search for a skilled robocall lawyer in Florida. The law gives you leverage: the ability to demand that the calls stop and to claim statutory damages that make enforcement worthwhile—even when each individual call seems small.

Florida’s rules go further by requiring many telemarketers to be licensed and bonded, and by restricting when they can call (generally not before 8 a.m. or after 9 p.m., local time). Sellers must provide specific disclosures, honor DNC requests, and follow strict consent standards when using automated systems.

TCPA Basics You Should Know

Before you decide what to do about unwanted calls or texts, it helps to know the core rules that actually protect you. These TCPA basics explain how consent works, what counts as an autodialer after Facebook v. Duguid, why ringless voicemail still needs permission, and how the Do Not Call Registry fits in under Florida law. If any of these rules were ignored, a top-rated telemarketing lawyer in Florida can help you assert your rights and seek damages.

1) Consent is king

Under federal rules, prior express consent (and often prior express written consent for marketing to cell phones) is the line between lawful marketing and liability. Consent has to be clear and conspicuous, and Florida’s 2023 amendments further clarified notice and consent requirements for calls, texts, and prerecorded voicemails made using automated systems. If the business can’t show compliant consent, you may have a solid claim.

A hidden checkbox buried in fine print may not cut it; consent language must clearly say you agree to receive automated sales calls or texts to your number. Florida now specifically addresses automated selection/dialing systems and prerecorded voicemail transmissions in its consent framework.

2) Autodialer definition after the Supreme Court’s Facebook v. Duguid decision

In Facebook, Inc. v. Duguid (2021), the U.S. Supreme Court held that to qualify as an automatic telephone dialing system (ATDS) under the TCPA, equipment must use a random or sequential number generator to store or produce numbers. That narrowed the definition and shifted many cases to focus on prerecorded voice rules, DNC violations, consent, and Florida’s state-law restrictions on automated systems.

Even if a dialer doesn’t meet the ATDS test after Duguid, sending prerecorded voice messages or texting with automated systems without proper consent can still violate Florida law and the TCPA’s separate prohibitions. Florida’s 2023 updates explicitly address automated selection/dialing and prerecorded voicemail transmissions.

3) Ringless voicemail is still a “call”

The FCC has confirmed that ringless voicemail—messages dropped straight into your voicemail box—qualifies as a call that requires consent when delivered using artificial or prerecorded voice. If you didn’t agree to this, you can pursue relief.

4) The National Do Not Call Registry and Florida’s rules

If your number is on the DNC Registry, sales calls may be prohibited absent an existing business relationship or consent. The Registry is enforced by federal agencies, and Florida requires telemarketers to honor DNC requests and follow time-of-day limits and disclosure obligations. Keep a log of calls: dates, times, caller IDs, recordings, and voicemails. Patterns matter.

Damages You Can Recover

Under the TCPA, consumers may recover the greater of their actual monetary loss or $500 per unlawful call or text, with the amount increased to $1,500 per violation if the conduct was willful or knowing. Courts can also issue injunctive relief—a court order requiring the caller to stop future calls or texts—so the harassment ends, not just gets priced in.

When illegal outreach occurs repeatedly, damages can scale quickly: ten texts could mean $5,000–$15,000; a campaign of 200 messages can push exposure into the six figures. Beyond these per-violation sums, well-documented evidence (screenshots, call logs, ringless voicemail files) strengthens your leverage in negotiations and litigation.

Florida law adds state-level tools that can work alongside the TCPA, including claims tied to consent failures, time-of-day limits, and disclosure requirements. Depending on the facts, these statutes may support additional remedies and enforcement options that increase pressure on noncompliant sellers.

The bottom line: if your number was added to an automated marketing program without valid consent—or if a seller ignored Do Not Call rules—you may be entitled to both money damages and a court order to stop the campaign. A seasoned TCPA damages lawyer in Florida can assess your records and quantify realistic recovery for your situation.

Can You Bring a Claim?

You may have a claim if one or more of the following apply:

You received automated sales calls or text messages on your cell phone without valid prior consent.
You got prerecorded voice messages or ringless voicemails pitching goods or services without consent.
Your number is on the National Do Not Call Registry, and you received multiple sales calls within a 12-month period.
A Florida telemarketer failed to provide required licensing/disclosures or called at prohibited times.
You told the seller to stop (opted out), but the calls/texts continued.

Even if you once agreed to receive messages, you can revoke consent at any time, and future automated outreach may still violate the law. Keep screenshots, call logs, and voicemails to prove frequency and timing. A TCPA lawyer in Florida can evaluate eligibility quickly and outline your best next steps.

The Process

Below is a roadmap usually followed in most illegal telemarketing cases.

Step 1 — Free review and preservation plan
You’ll meet with an attorney to review call logs, texts, voicemails, and any online forms you submitted. The firm will issue preservation notices to suspected callers and vendors (list brokers, platforms) so evidence doesn’t disappear.

Step 2 — Consent and DNC analysis
The team tests the caller’s claimed consent against TCPA rules and Florida’s written consent standards. It also checks DNC status and revocation records. If the business can’t prove compliant consent, your case moves forward.

Step 3 — Demand and settlement posture
Many defendants settle early when faced with clear violations, repeated calls, and a documented record of opt-out requests. Demands typically seek statutory damages, fees (if available through other claims), and injunctive relief.

Step 4 — Litigation (individual or class)
If negotiations fail, the firm files suit, pursues discovery on dialing systems and consent flows, and positions your case for summary judgment, class certification (when appropriate), or trial.

Step 5 — Resolution and enforcement

If you settle or win at trial, the firm documents every violating call/text for precise damage calculations and secures an injunction so the outreach stops. If the defendant backslides, the law firm moves to enforce the order and seek additional relief. Throughout, you’ll receive clear updates, timelines, and realistic recovery scenarios tailored to Miami-Dade courts.

Need Help Filing a TCPA Lawsuit?

Illegal calls and texts thrive when consumers feel powerless. You have options—and they’re effective when applied with precision. Abrams Justice Trial Attorney can evaluate your case, preserve critical evidence, and pursue the statutory damages and injunctions that make a difference in everyday life.

Federal law authorizes $500 per illegal call or text—up to $1,500 for willful violations—and Florida’s telemarketing statutes add licensing, disclosure, and consent safeguards that strengthen claims; the FCC also confirms that “ringless voicemail” requires consent, and the Supreme Court’s Facebook v. Duguid decision clarifies how autodialers are defined without gutting other protections.