Florida Enacts Telemarketing Violation Private Right of Action

On June 29, 2021, Florida Gov. Ron DeSantis signed CS/SB 1120, a bill on telephone solicitation effective July 1, 2021, that will dramatically impact businesses that engage in text message marketing and telemarketing to Florida residents. CS/SB 1120 requires all sales telephone calls and text messages to have the receiving consumer’s prior express written consent if the call will be made using an automated machine to select or dial the recipient’s telephone number. CS/SB 1120 creates a new private right of action providing consumers with the right to recover $500 per violation, plus the potential for enhanced damages and attorneys’ fees in favor of the consumer. CS/SB 1120 creates a rebuttable presumption that a sales call made to a Florida area code is made either to a Florida resident or to a person in Florida at the time of the call.

CS/SB 1120 amends Florida’s existing Section 501.059, to prohibit

Article source: https://www.natlawreview.com/article/florida-enacts-private-right-action-telemarketing-and-text-marketing-violations