In a remarkable turn of events, the Florida House has now adopted proposed amendments originating from a Florida senate subcommittee that would drastically alter the FTSA and undercut current FTSA cases.
Specifically, the amendments would:
- Restrict the autodialer provision to only “unsolicited” calls;
- Redefine autodialer to include only systems that BOTH automatically select AND dial numbers;
- Require a Plaintiff to give 15 days notice and an opportunity to cure calling before commencing suit; and
- Apply RETROACTIVELY to any FTSA suit that is a putative class action that had not already been certified.
These changes are absolutely huge.
Again the bill has now PASSED the Florida House–which was the hold up preventing last year’s amendment. The Florida Senate is more conservative leaning–meaning this bill REALLY has a good chance of becoming law.
If this amendment passes the full Senate–which is the FINAL STEP here (other than an expected rubber-stamp signature from DeSantis)– the FTSA is essentially dead moving forward and defendants facing current FTSA claims have a very good argument that the class portions of the case must be stricken.
The bill is currently “in messages”–which means it is en route to the Senate for consideration.
No word yet on when the final vote will be, but you better believe we will be watching this!
You can read the amendment here: FTSA Amendment