Since its enactment on July 1, 2021, the Florida Telephone Solicitation Act (FTSA) has become a significant pain point for businesses, leading to extensive class action exposure, particularly for those involved in telephonic communications. The FTSA, which initially granted consumers the right to take legal action against unwanted calls and texts, led to an influx of over 500 complaints in its first year. Recognizing the ambiguities and challenges posed by the original FTSA, Florida legislators took action, leading to crucial amendments signed into law by Gov. Ron DeSantis on May 25, 2023. These amendments effectively strike a balance between protecting consumers and offering much-needed clarity, reshaping the FTSA’s provisions.

The Original FTSA

The original FTSA extended beyond Florida’s borders, applying to businesses with no physical presence in the state. This broad reach, coupled with the removal of certain protections found in the federal Telephone Consumer Protection Act (TCPA), exposed businesses to increased liabilities. Under the FTSA, consumers could claim $500 per unauthorized call or text, with this amount being tripled for willful violations.

The 2023 Amendments