Florida's SB 1120 was signed into law and is now in effect. Among other updates, here are some of the more notable provisions:
- Restricts the use of automated technology and prerecorded messages by requiring prior express written consent before making sales or marketing calls and removes exemptions for making calls without consent. This restriction even applies to calls made with an established business relationship and calls to consumers not on the Florida state DNC list. The definition of an auto-dialer under Florida law is broader than the Federal TCPA and includes “an automated system for the selection or dialing of telephone numbers or the playing of a recorded message.”
- Includes a private right of action for violations of Section 501.059 of the Consumer Protection Act with 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 that are found to violate these rules may also be prohibited from subsequent calling activities in the state.
- Adds a presumption that any call to a Florida area code is a call to a Florida resident or a person in the state.
- Updates legal calling times from 8AM to 9PM to 8AM to 8PM.
- Sets a cap on the number of calling attempts at three attempts per 24-hour period.
- Updates Caller ID restrictions for calls from and into Florida.
You may also view a comprehensive whitepaper prepared by our sister company CompliancePoint that provides far more detail about this regulatory update, how it differs from the TCPA, and our recommendations of how to prepare to comply.
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