Florida Legislature Passes Bill to Bring Common-Sense Changes to the Florida Telephone Solicitation Act
By Joseph C. Wylie, Nicole C. Mueller, Jonathan R. Vaitl
Florida’s legislature has sent changes to the Florida Telephone Solicitation Act (the FTSA) to the governor’s desk for signature that significantly restrict the scope of the act and the private right of action thereunder. These changes narrow the definition of technologies falling within the statute, clarify the process for obtaining consent, and impose a notice-and-cure requirement before allowing a suit to be brought. Notably, these changes would apply to all new actions and to all pending putative class actions in which a class has not been certified. These changes, if enacted, likely will have a broad impact on both current and future cases.
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