AMENDMENTS TO FLORIDA “MINI-TCPA” STATUTE ADVANCE

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TCPAWorld previously reported on proposed amendments to the Florida “mini-TCPA” statute that took effect July 1, 2021 (https://tcpaworld.com/2022/01/20/wow-amended-florida-bill-would-apply-retroactively-to-destroy-pending-mini-tcpa-suits/).

The Florida House (HB 1095 – https://www.flsenate.gov/Session/Bill/2022/1095 ) and Senate (SB 1564 – https://www.flsenate.gov/Session/Bill/2022/1564 ) bills have been approved by relevant Committees.  The Senate bill reportedly is ready for a floor vote.

Both bills retain the provision relating to retroactivity. They also retain the concept applying to an “automated system for the selection and dialing of telephone numbers’ as TCPAWorld previously reported.

However, the House bill now contains a definition of “automated system” that would include “a computerized, mechanical, or other technological system or device that creates a telephone number, stores or selects any telephone number from any database or list, and then causes that telephone number to be called. The term includes any system which the caller or any other person operates by click-to-call or which the caller or any other person selects telephone numbers from a list to call. The term does not include a user selecting telephone numbers from a contact list or telephone log on a cellular, handheld, or landline device.”

This provision is not contained in the Senate bill. So unless added, this difference (and certain other differences) would have to be resolved.

TCPAWorld will continue to follow these initiatives.

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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.

2 Comments

  1. Ok, so, let’s say you’re in the market to buy a car. You want information on a car at a dealership, but you don’t wanna get on the phone, so you submit an inquiry online. Say you’re ok with getting a return phone call and provided your phone number online. Now your phone number has been entered into the dealer’s database. Then, when the dealer’s CRM assigns this lead to a salesperson that is on duty, alerting the salesperson that the customer is expecting a call, it is “selecting a telephone number from a list” of such leads and if the salesperson simply selects this number from their assigned list of leads to call, it is an automated system, even without clicking to call??!!! LMAO. Wow. No one could possibly ever conduct any business in Florida if that passes. Customer service/sales reps could legally operate by email only. I’m a LITIGANT and this is RIDICULOUS even to me!!

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  2. Pingback: FTSA IN DETAIL: What’s Going On With Florida’s Proposed Amendments to the Mini-TCPA? – 24KYC – Compliance Enhanced Due Diligence and KYC on demand and dilgently

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