FTSA RISK STILL REAL AFTER AMENDMENTS? Violations of the FTSA Caller ID Rules May Be The New Litigation Goldmine in Florida

Happy Friday TCPAWorld! Countess, here, from sunny South Florida!  

As TCPAWorld dwellers know, the recent amendments basically killed the Florida Telephone Solicitation Act.

But it appears that a new set of claims may be on the horizon to keep the FTSA alive!

A plaintiff is attempting to bring a new claim under the FTSA alleging that the Defendant violated the FTSA’s Caller ID Rules. The Complaint in Garcia v. Strike Gear LLC d/b/a Torch Eyewear was filed in the Ninth Judicial Circuit in and for Orange County, Florida.  

According to the Plaintiff, violations of the FTSA Caller ID Rules do not require notice and an opportunity to cease as required by the recent amendments.

Plaintiff contends that the Caller ID Rules are a critical provision of the FTSA that are designed to ensure that when Telephonic Sales Calls are made, the phone number transmitted to the recipient’s Caller ID service can be both viewed and called back by the consumer.  

Put simply, the Florida Legislature has mandated that when callers make Telephonic Sales Calls to consumers, they at the very least must transmit to the consumer’s Caller ID service a telephone number that can be viewed and is capable of receiving telephone calls. 

It will be interesting to see this case unfold. We will follow up and keep you posted.

In the meantime, if you want to get caught up on all the state Mini-TCPAs around the nation you will NOT want to miss the Duchess’ incredible breakdown coming up at the Troutman Amin, LLP Summer  Marketing/Advertising/Privacy Law conference on July 13, 2023. 

She will be breaking down everything you need to know about OTSA, CEMA, Maryland, New Jersey, and the pile of other states who have updated their telemarketing/outreach laws.

In-person tickets are SOLD OUT but you can still attend our virtual option!

Register now!

Til next time, Countess!!!  


Leave a Reply