Florida’s telemarketing laws have undergone major changes due to persistent consumer complaints about unwanted calls and texts. The 2021 amendments to the Florida Telephone Solicitation Act (FTSA) empowered residents to take legal action, leading to a 45% drop in complaints by 2022. Key reforms include:
- Legal action rights: Consumers can sue telemarketers for $500 per violation, with triple damages for intentional breaches.
- Stricter rules: Time restrictions, caller ID requirements, consent for autodialers, and text message guidelines.
- No-call list penalties: $10,000 fines for violations.
However, a surge in lawsuits prompted further updates in 2023 to balance consumer rights with business concerns. Complaints remain vital for shaping laws, reducing harassment, and holding telemarketers accountable.
New State Telemarketing Laws are Filling the TCPA Void
Understanding the Florida Telephone Solicitation Act (FTSA)
The Florida Telephone Solicitation Act (FTSA) serves as Florida’s primary defense against unwanted telemarketing calls and texts. Often referred to as a "mini‑TCPA" because of its similarities to the federal Telephone Consumer Protection Act, the FTSA equips Florida residents with strong legal tools to combat telemarketing abuses.
At its core, the FTSA operates on a straightforward principle: telemarketers must adhere to strict rules, and when they don’t, consumers have the power to take legal action. What sets the FTSA apart is that it empowers individuals to act without relying solely on government enforcement.
Main Requirements of the FTSA
The FTSA imposes clear rules on telemarketers to protect consumers from harassment and deceptive practices. These rules cover everything from when calls can be made to how telemarketers must identify themselves.
- Time restrictions: Telemarketers can only call between 8:00 a.m. and 8:00 p.m..
- Caller identification: Telemarketers must display their caller ID and, within 30 seconds of answering, provide their real name, the company they represent, and details about the goods or services being offered.
- Frequency limits: Telemarketers are limited to three solicitation calls about the same subject within a 24-hour period, regardless of the phone numbers used.
- Automated calling consent: Before using autodialers, telemarketers must obtain express written consent. This consent must include the consumer’s signature, authorization for automated communications, the phone number to be contacted, and clear disclosures about the right to refuse consent.
- Text message marketing rules: Businesses must include their customer support number in the SMS consent language and clearly identify their business name in every message. They are also required to provide a customer service number for "HELP" or "STOP" requests.
These guidelines not only curb telemarketing abuse but also strengthen consumer rights.
Your Rights Under the FTSA
The FTSA provides Florida residents with powerful rights, enabling them to take direct action against telemarketers who violate the law.
- Private lawsuit rights: Consumers can file lawsuits directly against telemarketers without waiting for government intervention. Added through the 2021 amendments, this right allows individuals to seek court orders to stop unwanted calls and recover damages for violations.
- Statutory and treble damages: Consumers can recover $500 or actual damages per violation, with damages tripled for intentional breaches.
- Attorney fee recovery: Winning a case allows consumers to recover legal costs, making it easier to pursue claims.
- Text message protections: For text violations, consumers must first reply "STOP" to the sender. Telemarketers then have 15 days to cease communications. This provision, clarified in the 2023 amendments and the Adams v. Safelite Group case, requires documenting the "STOP" request before filing a lawsuit.
- No-call list protection: Florida residents can register their numbers on the state’s "no sales solicitation calls" list, managed by the Department of Agriculture and Consumer Services. Telemarketers who call numbers on this list face civil penalties of $10,000 per violation.
These provisions create a strong framework that holds telemarketers accountable and ensures Florida residents can safeguard their privacy and peace of mind effectively.
How Consumer Complaints Shape Telemarketing Laws
Consumer complaints play a pivotal role in driving telemarketing reforms in Florida. When residents report unwanted calls and texts, these complaints serve as concrete evidence of telemarketing abuses, highlighting the need for stricter regulations. By identifying patterns and trends, these reports provide lawmakers with the foundation to justify updates to existing laws.
How Complaints Are Collected and Reviewed
The Florida Department of Agriculture and Consumer Services (FDACS) serves as the central authority for handling telemarketing complaints. This agency not only manages the state’s Do Not Call list but also oversees the licensing of telemarketing businesses and their sales representatives, giving it a comprehensive view of the industry’s operations.
Residents can report violations online through the Florida Division of Consumer Services or by calling 800-HELP-FLA (435-7352). FDACS organizes these reports under the category of "unsolicited communications", which helps streamline the tracking and analysis of various violations.
Each complaint is carefully reviewed by FDACS investigators to determine whether it constitutes a violation of the Do Not Call list or broader telemarketing laws. Complaints with detailed documentation – such as caller ID information, the time of contact, and the nature of the solicitation – are particularly valuable in building strong cases. When violations are confirmed, FDACS takes enforcement actions that can include civil penalties of $10,000 per infraction and, in some cases, criminal charges.
These findings don’t just stop at enforcement. They directly inform legislative discussions and updates, creating a feedback loop that strengthens telemarketing laws over time.
How Complaints Lead to New Laws
Consumer complaints have a direct impact on shaping and refining the Florida Telephone Solicitation Act (FTSA). For example, the 2021 amendments to the FTSA were a direct response to growing concerns about the flood of unwanted calls and texts. These changes introduced a private right of action, empowering individuals to take legal action against telemarketers without waiting for government intervention.
Further adjustments came in 2023, aimed at addressing the surge of litigation that followed the 2021 reforms. These updates reflect the evolving challenges within telemarketing and the ongoing need for legislative fine-tuning.
The influence of consumer complaints extends beyond Florida. On a national level, they contribute to broader efforts led by the Federal Communications Commission (FCC). As the FCC explains:
"By filing a consumer complaint and telling your story, you contribute to federal enforcement and consumer protection efforts on a national scale and help us identify trends and track the issues that matter most."
This collaboration between state and federal agencies ensures that consumer feedback not only informs state laws but also helps shape national telemarketing policies. Together, these efforts aim to address real-world challenges with targeted solutions.
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How to File Telemarketing Complaints in Florida
Dealing with unwanted telemarketing calls or texts in Florida can feel overwhelming, but knowing how to document violations and where to report them can make a big difference. The more details you provide, the better chance authorities have to take action against violators.
Recording Telemarketing Violations
Keep a detailed record of every unwanted telemarketing call or text. Note the date, time, caller’s number, telemarketer’s name, and company information. Include details about the product or service they were promoting.
Be especially mindful of timing violations. Florida law restricts telemarketing calls to the hours between 8:00 a.m. and 8:00 p.m. Any calls outside this window are clear violations. Also, check if the caller displayed proper caller ID information, as this is required under state law.
For text messages, save screenshots that show the sender’s number and message content. If you receive voicemails, either save the recordings or take detailed notes. If you’ve explicitly told the telemarketer to stop contacting you and they ignored your request, make sure to document each subsequent call or message. These records are essential for filing a strong complaint.
Filing Your Complaint
Once you’ve gathered all the necessary evidence, it’s time to file your complaint. Start with the Florida Department of Agriculture and Consumer Services (FDACS). FDACS is the primary agency handling telemarketing violations in Florida. You can file your complaint online through their website or call 1-800-HELP-FLA (435-7352). The online form allows you to provide detailed information and upload your supporting documents.
You can also report the violation to the Federal Trade Commission (FTC). Submit your complaint online at the FTC’s website or call 888-382-1222. For TTY services, dial 866-290-4236. The FTC uses these complaints to identify patterns and works with state agencies to address widespread issues.
For cases involving robocalls or autodialers, consider filing a complaint with the Federal Communications Commission (FCC). The FCC emphasizes the importance of consumer complaints, stating:
"By filing a consumer complaint and telling your story, you contribute to federal enforcement and consumer protection efforts on a national scale and help us identify trends and track the issues that matter most."
Additionally, register your phone number with both the Florida Do Not Call Program and the National Do Not Call Registry. This step not only helps reduce future calls but also strengthens your complaint.
Using ReportTelemarketer.com to Take Action
If traditional complaint channels don’t resolve the issue, you can turn to ReportTelemarketer.com. This platform, created by attorney Stefan Coleman, specializes in helping consumers stop persistent telemarketing violations.
To use the service, submit your complaint through their website, including all the details you’ve recorded. The team at ReportTelemarketer.com will review your case to determine if the telemarketer violated consumer protection laws. If they find the telemarketer acted unlawfully – such as contacting you without proper consent – they may send a cease-and-desist letter or file a formal complaint on your behalf.
The best part? There’s no cost to consumers. ReportTelemarketer.com operates on a model where attorney fees are recovered from the telemarketers themselves, removing any financial burden from you.
Your report also contributes to broader efforts. The platform may publish details about the offending phone number, spam message content, and violation dates. This public information not only warns other consumers but also helps build a database of violations that supports larger enforcement actions.
Results of Consumer Complaints on Law Changes
Consumer complaints about unwanted telemarketing in Florida have led to significant outcomes, sparking legal actions and influencing telemarketing laws. These efforts have brought about tangible changes that directly impact both consumers and businesses.
Legal Actions Sparked by Complaints
Consumer complaints have been a driving force behind major legal actions against telemarketing violators. The Florida Attorney General’s Consumer Protection Division has leveraged these complaints to deliver substantial relief to consumers. Since 2019, the division has recovered over $565 million in total relief for Florida, including more than $426 million in direct compensation to consumers.
One of the most notable cases involved Avid Telecom, a company that faced intense scrutiny due to consumer complaints. Between December 2018 and January 2023, Avid Telecom was responsible for over 24.5 billion calls, the majority of which were unwanted robocalls. Data revealed that more than 90% of these calls lasted less than 15 seconds, a clear indication of their nature.
The complaints also shed light on Avid Telecom’s role in various scams. Attorney General Ashley Moody addressed the issue, stating:
"We’re taking legal action against Avid Telecom for blatantly sending billions of illegal robocalls within a span of four years, including scam calls about Social Security, Medicare, auto warranty and more. The service provider was put on notice more than 300 times about their illicit activity and the company continued to repeatedly violate consumer protection and telemarketing laws – this is unacceptable, and we are seeking injunctive relief to better protect consumers."
Florida’s Telephone Solicitation Act (FTSA) has made telemarketing violations a costly mistake for companies. Plaintiffs can recover $500 per violation, with treble damages available for willful violations. This financial risk has encouraged individuals and attorneys to take action.
For example, Cheri Aul, a resident of Pinellas County, pursued a class-action lawsuit against David’s Bridal in 2021 after being bombarded with unwanted text messages despite her repeated requests to stop. Although the lawsuit was ultimately dismissed due to the company’s bankruptcy, it highlights how consumer complaints can lead to legal battles.
Legislative Changes Driven by Complaints
Consumer complaints have also played a pivotal role in shaping telemarketing laws. Between 2021 and 2023, robocall complaints to the Florida Department of Agriculture & Consumer Services dropped by over 80%, and complaints about unsolicited communications were reduced by more than half. These dramatic results followed the enactment of stricter telemarketing regulations in 2021.
However, the success of these laws came with unintended consequences. The surge in lawsuits against businesses prompted a strong reaction from the business community. This led to the 2023 amendments through H.B. 761, signed into law on May 25, 2023.
The updated law introduced a notice requirement before filing lawsuits and expanded the definition of telephonic sales calls to provide more clarity. These changes aimed to address business concerns while maintaining consumer protections.
The legislative revisions highlight the ongoing clash between consumer rights and business interests. Representative Mike Beltran acknowledged this tension, stating:
"We have gone against consumer protection and in favor of big business."
Consumer attorney Billy Howard was even more blunt, arguing:
"Money is the only thing that motivated the change of law. The Chamber of Commerce, the automobile industry and companies like David’s Bridal, they want to text people and call people without their permission, that’s the only motivating factor."
Despite these challenges, consumer complaints remain a powerful tool in driving enforcement and reform. The broader implications extend beyond Florida, as telemarketing fraud costs Americans over $40 billion annually. These state-level efforts are essential in the fight for stronger national consumer protections.
Conclusion: The Power of Consumer Advocacy in Telemarketing Reforms
Consumer complaints have played a central role in driving telemarketing reforms in Florida. The journey from the 2021 amendments to the Florida Telephone Solicitation Act (FTSA) to the refinements made in 2023 highlights how consumer voices can directly influence the legal framework. When consumers raise concerns, lawmakers take notice and respond with meaningful changes.
A surge of lawsuits following the 2021 amendments prompted further legislative updates in 2023. This cycle of consumer action and legislative response illustrates the importance of sustained advocacy to maintain a balance between protecting consumers and addressing business needs.
"The 2021 amendments were quickly followed by a flurry of individual and class action lawsuits filed against companies using text messages to market and promote their products and services, seeking to exploit the broad language of this newly-created cause of action. In an attempt to curb this rising litigation, in 2023 the Florida Legislature further amended the FTSA to clarify the boundaries of permissible claims."
- Ashley P. Hayes and Michael G. Polatsek, Business Law, Florida Bar Journal
Consistent reporting by consumers is essential in this process. Every filed complaint contributes to the data lawmakers rely on to shape new regulations and enforcement measures. By documenting violations and reporting them through proper channels, consumers not only protect themselves but also contribute to a broader movement that benefits everyone.
Platforms like ReportTelemarketer.com make it easier for consumers to take action. By investigating reports and pursuing legal action against violators, the service simplifies the process and removes financial barriers, offering assistance at no cost to the consumer.
"Our services do not cost you anything out of pocket and we do all of the work for you."
- Stefan Coleman
The ripple effect of consumer advocacy extends far beyond individual complaints. When consumers actively report violations, they help foster an environment where ethical telemarketing becomes the standard. This collective effort reduces harassment, protects privacy, and ensures that businesses operate within clear and fair boundaries.
Florida’s experience demonstrates that consumer advocacy is effective, but it demands ongoing effort. The telemarketing industry continues to evolve, and by staying engaged – whether through reporting violations or supporting reform – consumers play a vital role in safeguarding their rights and promoting ethical practices across the state.
FAQs
What steps can Florida residents take to stop illegal telemarketing under the FTSA?
Florida residents have the right to take legal action against illegal telemarketing under the Florida Telephone Solicitation Act (FTSA). This law allows individuals to file a lawsuit and seek compensation of $500 per violation or actual damages – whichever amount is higher. To win a case, residents need to prove that the telemarketer violated the law, such as by making calls without prior written consent or using an automated dialing system.
In addition to filing a lawsuit, residents can report violations to the Florida Department of Agriculture and Consumer Services (FDACS) using their online complaint form. Reporting these incidents not only helps enforce the law but also contributes to the larger effort of reducing unlawful telemarketing across the state.
What updates were made to the Florida Telephone Solicitation Act in 2023 to address rising lawsuits?
In 2023, the Florida Telephone Solicitation Act (FTSA) underwent updates to tackle the rising number of lawsuits. These changes brought about a few important adjustments:
- Liability now applies only to unsolicited telemarketing calls, narrowing the focus and minimizing opportunities for baseless claims.
- A 15-day safe harbor period was introduced for text solicitations, allowing businesses to resolve complaints before facing legal consequences.
- The law’s scope was fine-tuned to create a better balance between protecting consumers and accommodating business practices.
These revisions are designed to safeguard consumers while cutting down on unnecessary legal battles, keeping telemarketing regulations fair and practical.
How do consumer complaints help improve telemarketing laws in Florida?
Consumer complaints play a key role in shaping telemarketing laws in Florida. When people report unwanted calls and texts, they bring attention to recurring issues and violations, giving lawmakers the insight needed to refine regulations.
For instance, public feedback has prompted changes such as stricter limits on how often telemarketers can call, tighter time restrictions, and more rigorous licensing requirements. These updates have also resulted in harsher penalties and broader safeguards for consumers. It’s a clear example of how speaking up can lead to real progress in reducing unwanted telemarketing and shielding Floridians from persistent disturbances.
