The Telephone Consumer Protection Act (TCPA) is a federal law that applies nationwide and protects consumers from unwanted telemarketing calls and text messages. It prohibits the use of automatic dialing systems or prerecorded voices to call or text consumers without prior express consent, restricts telemarketing calls to certain hours, and bans calls or texts to numbers listed on the National Do Not Call Registry unless consent has been given. Consumers have a private right of action under the TCPA and may recover $500 per violation, or up to $1,500 per violation if the conduct was willful or knowing. Importantly, consent may be revoked at any time and does not need to be in writing.

Florida law provides additional protections through the Florida Telephone Solicitation Act (FTSA), often referred to as Florida’s “mini-TCPA.” This statute operates alongside the federal TCPA and, in some cases, imposes stricter requirements. The FTSA restricts automated telemarketing calls and texts made without prior express written consent, limits solicitation calls to between 8 a.m. and 8 p.m. local time, and may restrict how many call attempts can be made within a 24-hour period. The law also prohibits caller ID spoofing and presumes that calls made to phone numbers with Florida area codes are calls to Florida residents.

Violations of Florida’s FTSA allow consumers to seek damages of $500 per violation, or up to $1,500 per violation for willful misconduct, as well as injunctive relief to stop future unlawful calls or texts. In addition to private lawsuits, Florida law allows for civil penalties of up to $10,000 per violation under related telemarketing statutes. Consumers may pursue claims under federal law, Florida law, or both, depending on the circumstances.

Florida’s telemarketing laws have undergone recent legislative changes. In 2021, Florida expanded consumer protections by creating a state-level TCPA analog with broad definitions of automated systems and a private right of action. Amendments in 2023 narrowed the definition of autodialers to more closely align with federal standards, expanded what qualifies as prior express written consent, and imposed new requirements for text message claims, including a requirement that consumers send a “STOP” message and allow 15 days for compliance before filing suit.

Unwanted marketing text messages and prerecorded calls can violate a consumer’s privacy rights and may entitle the recipient to compensation. Under the TCPA, consumers can recover between $500 and $1,500 per unlawful call or text. The law strictly regulates unsolicited communications and holds companies accountable for contacting consumers without proper consent.

One effective way to reduce unwanted telemarketing is registering a phone number with the National Do Not Call Registry. Consumers can register online by submitting their phone number and email address and confirming registration through a verification email. Registration typically becomes effective within 31 days, after which most telemarketers must stop contacting the registered number.

Consumers who continue to receive unwanted calls or texts after registering on the Do Not Call Registry or revoking consent may pursue damages under the TCPA and Florida law. It is important to document violations by saving screenshots or voicemails, reply “STOP” or “OPT-OUT” to legitimate marketing messages, and seek legal assistance if the communications continue. Each message sent after an opt-out request may constitute an additional violation.

Consumers should also be cautious of unknown callers or senders, as these communications may originate from scammers. Responding to suspicious messages can result in increased targeting or sharing of phone numbers with other scammers, leading to further unwanted contact.