Mini-TCPA Grounded?: Still No Action on Florida Robocall Bill and I’m Starting to Wonder Aloud

TCPAWorld is always so hungry for news.

Ever since we started talking about the Florida robocall bill suddenly everyone is so interested in the bill. There were precisely zero news stories on the bill until we brought it to everyone’s attention and now its THE topic.

Its cool being me.

Anyhoo, the new story isn’t so much the new law its the fact that the new law isn’t law yet. And its getting a little weird.

So, as of noon Eastern Time today, the bill has not been presented to the Governor. https://www.flgov.com/wp-content/uploads/bill%20actions/Bill%20Actions%20-6.21.21.pdf

That’s really off because the bill was enrolled on April 28. https://www.flsenate.gov/Session/Bill/2021/1120

And in the meantime DeSantis has received and signed many bills, including a bunch that appear to have been enrolled earlier. (https://www.flgov.com/2021/06/21/governor-ron-desantis-signs-forty-four-bills)

But no action yet on the mini-TCPA.

Since there was virtually no debate on the bill in the state legislature before it passed more-or-less unanimously–indeed it appears to have caught a bunch of businesses by surprise– DeSantis might be working channels here to delay the presentment of the bill until folks can actually think it through. (Once presented the bill automatically becomes law if not vetoed within 15 days.) Of course I have no inside knowledge here and I am just wondering aloud.

As a reminder, the bill would strip businesses of the established business records and inquiry exceptions if an “autodialer”–whatever that means–is used to return phone calls to consumers. Express written consent is required and the “called party” is the user of the phone.

Its all bad, but–its not law, yet.

Keeping a close eye, and all that. More soon. (Or maybe not…)

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1 Comment

  1. This bill is a major concern. It’s definition of an ATDS goes WAY beyond anything previously thought of. Defining “Any system that delivers a contact to an agent to dial” as a ROBO call creates huge holes for new litigation (Would that include emailing a list of contacts to an agent?). Further, the requirement that for all auto-dialed calls to have express written consent prior to making them will likely rule out virtual hold on inbound IVR’s.

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