FTSA’s Application to Nonprofits Remains Unsettled as Florida’s Legislative Session Will End Without Remedial Legislation

The FTSA (Fla. Stat. § 501.059), often referred to as Florida’s mini-TCPA, regulates how and when solicitors can call and text consumers. Most notably for present purposes, it prohibits telephonic solicitations involving an automated system that selects and dials telephone numbers or plays recorded messages without the recipient’s prior express written consent. See Fla. Stat. § 501.059(8)(a). But it also includes other provisions, for example: (1) requiring that sales calls transmit the caller’s number to a recipient’s caller ID service; (2) requiring any contract formed pursuant to a telephonic sales call to be in writing, to be signed by the consumer, and to include certain specified provisions; (3) prohibiting callers from altering their voices or concealing their identities; and (4) establishing a “no sales solicitation calls” listing to be managed by the state.

Like the TCPA, the FTSA provides for statutory damages of at least $500, which can be trebled if the violation was willful or knowing. See Fla. Stat. § 501.059(10). Unlike the TCPA, however, the FTSA provides that a prevailing party may recover their reasonable attorney fees and costs. See id. § 501.059(11).