TCPA Answers
State laws

What is the Florida Telephone Solicitation Act (FTSA)?

Florida’s own telemarketing statute, Fla. Stat. § 501.059. It has a private right of action worth $500 to $1,500 per call or text, requires prior express written consent for calls made with an automated system, limits calling to 8 a.m. to 8 p.m., and caps calls on the same subject at three in 24 hours.

The Florida Telephone Solicitation Act is Fla. Stat. § 501.059, Florida's own statute on telephone sales calls and texts. It was substantially expanded in 2021 and narrowed in some respects in 2023. It matters to a business that received a demand letter because it creates a private right of action, separate from the federal TCPA, with the same figures: $500 per violation, and up to $1,500 if the violation was willful or knowing. A call or text to a person in Florida can be counted under both statutes.

The main rules

  • Consent. A telephonic sales call made using an automated system for the selection or dialing of numbers, or a prerecorded or artificial voice, requires the prior express written consent of the person called.
  • Hours. Sales calls only between 8 a.m. and 8 p.m. local time, an hour narrower than the federal 8 a.m. to 9 p.m.
  • Frequency. No more than three calls on the same subject matter in any 24-hour period.
  • Caller ID. Blocking caller ID, or showing a number the business cannot be reached on, is prohibited.
  • Texts after a STOP. Since 2023, a claim over texts requires a STOP reply and fifteen days of continued messages.
  • Florida's do-not-call list. Maintained by the state alongside the national registry.

Why it appears in demand letters

Because it doubles the per-call figure for Florida recipients, and because its consent and hours rules are stricter than the federal ones, so a call that is arguably compliant federally can still breach the Florida act. See whether FTSA damages stack and Florida calling hours. Other states, including Oklahoma and Washington, have passed statutes modelled on Florida's; the details differ and a lawyer in the relevant state can confirm them.

People also ask

Does the FTSA apply if my business is not in Florida?

It applies to calls and texts to people in Florida. Where the caller sits does not matter.

How is the FTSA different from the TCPA on texts?

Since the 2023 amendment, a text claim under the FTSA requires the recipient to have replied STOP and the sender to have continued for fifteen days. The federal statute has no such step.

Does the FTSA have a Do Not Call list?

Florida keeps its own list in addition to the national registry, and the act prohibits sales calls to numbers on it.