Wow. This is just huge news.
I broke the news last week that the Florida legislature is considering a massive fix to the Mini-TCPA mess. Specifically the legislature is looking at narrowing the definition of Florida’s “autodialer” law to apply to systems that automatically select numbers AND dial them and not just systems that automatically select numbers OR dial them.
Well today a new amendment to that amendment is out and one with incredible potential impact–it would make the revised law apply retroactively!!!
Here’s the language:
The amendments to s. 501.59, Florida Statutes 89 are intended to be remedial in nature, apply retroactively to July 1, 2021, and to any proceeding commenced on or after July 1, 2021.
Wow. Wow. Wow.
So if this passes, not only would future calls be exempted from the currently-broad law but any calls made now would also be safe. And any calls that are the current subject of the avalanche of Mini-TCPA suits plaguing the state–at least those based on the broad autodialer definition–would be completely neutralized.
Obviously this opens up a number of avenues for defendants facing mini-TCPA suits–moving to stay seems like a pretty good idea–and this amendment poses a huge detriment to Plaintiff’s lawyers who were looking to profit off the new Florida law.
Full amendment here: Amendment
We’ll keep a very close eye on these developments and report everything we can even as we help press for these positive changes to the law.
Now I really need to get some work done.
It still doesn’t make it clear enough to me. CRM’s are used by auto dealerships. They are capable of dialing and selecting numbers based on select criteria chosen by the employee, but they are not fully automated. Texts are more of a grey area as they can be sent to a large group of inquirers without each text needing to be manually clicked. It also may take some time for an employee to respond.
So is this legislation saying that the system merely has to be capable of this, or that the rules would only apply to those calls/texts in which are both selected and dialed automatically, without human intervention? If that’s the case, then it wouldn’t apply to most dealers.
Those CRMs need the employee to click to dial each number. The CRM can’t automatically select and dial a bunch of numbers, like a predictive dialer would. Such CRMs wouldn’t fit the amended definition. It’s unlikely that they would be found to fit the current definition either.