It was on June 29, 2021 when Florida Governor Ron DeSantis signed CS for SB 1120 (2021) into law, which has made substantial changes to the current state laws governing telemarketing in the state. Under the law, telemarketers are prohibited from using automated dialing systems or recorded messages in text messages, sales calls, and direct to voicemail transmissions.
The new law also creates the right to civil action if telemarketing companies violate the do-not-call laws, or if they use pre recorded messages and calls. The changes are already in effect, as the amendments went into effect on July 1, 2021, meaning that millions of consumers in the state are already protected.
A Look at the New Law
The new law includes many changes and amendments to the laws that govern telemarketing in Florida. Some have called the new law a mini version of the Telephone Consumer Protection Act (TCPA) of 1991. The bill further restricts the actions of telemarketers and allows parties to seek civil damages in the event that a telemarketer violates the law. When a telemarketing company has violated the new law, consumers can go through civil litigation to claim between $500 and $1,500 in statutory damages, as well as their attorney’s fees.
It is important that not only telemarketing companies are familiar with the new law, and the action they must take to remain in compliance with it, but that consumers are, as well. This is the only way to know if there has been a violation.
Changes Made to the Old Law
There has been some confusion regarding the new law passed by DeSantis, as Florida law already regulated when a telemarketer could engage in telephonic sales calls such as text messages, phone calls, and voicemail transmissions used to obtain information that may or will be used for the purpose of soliciting a sale. Under this law, it is illegal to make such telephone sales calls using an automatic system or a system that automatically dialed phone numbers, or played a recorded message after a connection to a consumer had been established. This limitation placed on telemarketers is definitively broader than the definition provided in the TCPA.
The Florida Bill, as it is being called, furthers the amount of limitations placed on telemarketers in a variety of ways. One of the ways in which the Florida Bill differs is that it has removed many of the exceptions to the recorded message and automatic dialer restriction. Under the old law, the exceptions included calls made in response to a call from another party, call that violate the Florida Department of Agriculture and Consumer Services no-sales call list, calls to phone numbers that are unlisted, and calls regarding services or goods already purchased by the party being phoned.
Moving forward, telephonic communications can only be made if the called party has previously provided written consent. To prove that the called party has consented to the telephonic communications, the telemarketer must provide evidence of a signed document, which can include a signed signature, and that is in compliance with the legal statute.
Under the old law, telemarketers were also allowed to call between 8:00 a.m. and 9:00 p.m., but this provision has changed under the law, as well. Telemarketers were also prohibited from calling someone over three times in one 24-hour period. Now, telemarketers can only call a person between 8:00 a.m. and 9:00 p.m. The changes also make it illegal to use any type of technology that displays a different number on the caller identification system.
Enforcement of the Provisions
The new Florida Bill also allows for more enforcement of the provisions included within the law. Under the new law, individuals that were the victim of non-compliance with the law of a telemarketer can file a civil action to recover up to $500 in statutory damages. If a telemarketer knowingly and willingly violated the law, consumers that were harmed as a result can file a civil action seeking up to $1,500 in damages, as well as their attorney’s fees.
The bill also allows for a rebuttable presumption to be made that when a phone call is made including an area code in the Sunshine State, or to a person in the state at the time of the phone call, is presumed to be a resident of the state. The right to civil action does not only apply to recorded messages and numbers called automatically, either.
Rather, it is applicable to any violation under the legal statute, including the limitations already placed on a telemarketer’s ability to call a person that is registered on the state’s do-not-call list, or that directly asked the telemarketer to stop calling them. Calls that do not transmit the seller’s or caller’s original telephone number that can be redialed also fall under the right to civil action.
The Florida Bill is an important expansion of the telemarketing laws within the state. With so many new provisions telemarketing companies must follow, including debt collection companies, there is no doubt that some companies will refuse to comply with them, and face multiple lawsuits, including class actions, as a result. If you are being harassed by a telemarketer or a debt collection company, it is crucial that you know your rights under the new law. And, if someone violates those rights, that you exercise them by contacting a debt defense lawyer and pursuing the civil action the new law specifically states you are entitled to do.
Call Our Debt Defense Lawyers in South Florida Today
The new law is very broad in the protections it offers consumers. If a debt collection company has violated your rights, our South Florida debt defense lawyers at Loan Lawyers can help. We know the law, and the rights you are entitled to under it, and we are prepared to fight for you. Call us today at 954-807-1361 or fill out our online form to schedule a free consultation.
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