TCPAWORLD AFTER DARK: Plaintiff’s Firm Issues Press Release to Seek FTSA Claims–And You Know What That Means

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So another plaintiff’s shop is looking to make a big splash in Florida Mini-TCPA claims and has issued a press release to hunt for potentially interested Plaintiffs.

Here’s what they had to say:

MIAMI, April 20, 2022 /PRNewswire/ — Florida’s version of the TCPA, the Florida Telephone Solicitation Act (“FTSA”), will remain unamended for at least another year. Both House Bill 1095 and Senate Bill 1564, proposed amendments that would limit the effective protections of the FTSA, were “indefinitely postponed and withdrawn from consideration”. As a result, the FTSA remains a broader check on businesses marketing practices than its federal counterpart.

            With the bills tabled, consumers have a stronger basis to bring legal claims for these unwanted messages. JMG Law Group, PLLC and Marcus & Zelman, LLC are teaming up to help you. Reach us at info@JMGLawGroup.com

            The FTSA gives consumers a private right of action in recourse against companies who are sending marketing messages without proper consent. Under the unamended version of the FTSA, any marketing phone call or text message offering goods or services that was made without first obtaining the prior express written consent of the receiving party is a violation giving rise to a legal claim. As the FTSA only came into effect last July, many companies have yet to appropriately update their messaging disclosures to meet the FTSA’s standard for prior express written consent. To be valid, the consent must:

  • include the signature of the called party;
  • clearly authorize the method of transmitting marketing messages;
  • include the number being authorized for marketing; and
  • must have a clear and conspicuous disclosure that: 1) the party is authorizing the receipt of marketing messages and 2) agreeing to this marketing is not a condition of purchasing any goods or services.

Without these conditions met, a consent is not valid. Any violating message affords the receiving party a private right of action to recover “actual damages or $500, whichever is greater”. And with the bills tabled indefinitely, consumers can feel more secure in their rights against unwanted marketing.

            If you’ve received marketing messages such as phone calls or texts consumers, JMG Law Group & Marcus & Zelman, LLC can help you get the compensation you may be entitled to. Contact us with your spam texts at info@JMGLawGroup.com for a free consultation.

SOURCE Marcus and Zelman LLC; JMG Law Group PLLC

Obviously by posting this press release I am not agreeing with anything these folks have said. Just figured I’d point out that a further avalanche of these cases is undoubtedly in the offing. Look out.

And yes, this appears to be the same outfit from that one case you’re thinking of. 

Too bad the Florida legislature didn’t fix this when it could have. This genie is about to get all the way out of the bottle folks…

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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.

3 Comments

  1. Could you elaborate on this requirement?
    include the number being authorized for marketing;
    Companies have multiple phone numbers from which they may call or text. These numbers can change frequently.

    Reply

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