Florida’s telephone and telemarketing laws are primarily designed to protect consumers from unwanted, deceptive, and abusive calls and text messages. The main statute governing this area is the Florida Telephone Solicitation Act (FTSA), which works alongside federal laws such as the Telephone Consumer Protection Act (TCPA). Together, these laws regulate how and when businesses may contact Florida residents and impose strict requirements on telemarketers to obtain consent before making certain types of calls or sending automated messages.

Under the FTSA, telemarketers are prohibited from making unsolicited sales calls using automated systems, prerecorded messages, or auto-dialing technology without the recipient’s prior express written consent. The law applies to both voice calls and text messages, and it covers communications made to Florida residents, even if the caller is located outside the state. Calls made before 8:00 a.m. or after 8:00 p.m. local time are generally prohibited, and telemarketers must clearly identify themselves and the purpose of the call.

Florida law also provides strong enforcement mechanisms and consumer remedies. Individuals who receive unlawful telemarketing calls or texts may bring a private lawsuit and seek statutory damages, which can range from hundreds to thousands of dollars per violation, depending on the circumstances. Courts may also award injunctive relief to stop ongoing violations, making compliance especially important for businesses engaged in marketing activities.

In addition to the FTSA, Florida enforces its own Do Not Call regulations, which supplement the federal Do Not Call Registry. Telemarketers are required to honor both state and federal do-not-call requests, and failure to do so can result in penalties imposed by the Florida Attorney General or through private litigation. Certain calls, such as those made for political purposes, charitable solicitations, or existing business relationships, may be exempt, but these exemptions are narrowly interpreted.

Overall, Florida’s telephone and telemarketing laws are among the strictest in the country. They impose substantial obligations on businesses to obtain clear and proper consent, honor consumer privacy rights, and refrain from intrusive or unauthorized calling practices. For consumers, these laws offer meaningful protections and powerful legal remedies when violations occur. For businesses, they serve as a clear warning that marketing practices must be carefully reviewed and structured to ensure full compliance with both state and federal requirements. Attorney Eliot Dempsey and the Dempsey Law Firm are available to assist individuals who have been subjected to unlawful telemarketing practices, as well as businesses seeking guidance to navigate and comply with Florida’s complex regulatory framework.