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

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:

MIAMIApril 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Bill 1564, proposed amendments that would limit the effective protections of the FTSA, were “indefinitely postponed and withdrawn from consideration”.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…

Categories:

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.

Leave a Reply to Eric J. Troutman Cancel reply