Is This the FLORIDA FIX We Were Waiting For?!: New Bill Would Mostly Defang Florida’s Mini TCPA–Will It Pass?

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So potentially ENORMOUS news out of Florida today.

As you all know the Czar has been working with some folks to try to get a fix to the RIDICULOUSLY worded Florida Mini TCPA. And while I really can’t take credit for this–although I probably deserve some–a new bill was just introduced that would mostly fix the Florida Mini-TCPA and make it somewhat safe to go back into the water.

The BIll– known, for now, as HB1095–would do something remarkably simple to make all of our lives easier: it will change an “or” to an “and.”

Specifically, in the definition of “autodialer” the phrase “automated system for the selection or dialing of telephone numbers” would become “automated system for the selection and dialing of telephone numbers.”

And that would mean that not just Human Selection systems would be safe in Florida anymore–regular old click to dial would also be safe.

Now notably, the new bill still does away with the inquiry and EBR defenses–although you would be able to “return” a call for about 120 days.

All in all this is a huge potential shift in the law and an incredibly important one for callers.

I strongly urge anyone looking to call Florida to have their voices heard in the process and lobby for the passage of HB1095. Give me a call if you want in. Also, PACE, are you guys on this? 

You can read the bill here: HB 1095

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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