AMENDMENTS TO FLORIDA “MINI-TCPA” STATUTE ADVANCE

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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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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