Notable provisions of Florida SB 1120:

  • Requires prior express written consent and removes exemptions for making calls without consent, even within an established business relationship (EBR). 

  • The definition of an auto-dialer under Florida law is broader than the Federal TCPA.

  • Potential damages as high as $1500 for each willful violation or the greater of actual damages or $500 for violations that are not deemed to be willful.

  • Companies in violation may be prohibited from subsequent calling activities in Florida.

  • Presumes that any call to a Florida area code is a call to a Florida resident or a person in the state.

  • Sets a cap on the number of calling attempts at three attempts per 24-hour period.

Fill out the form to access a whitepaper prepared by our sister company CompliancePoint that provides more detail of how this differs from the TCPA and our recommendations for compliance.

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