The Daily Journal recently published an article authored by Gunster attorneys Alexis Buese and Melanie Senosiain, in which they discuss the significant risk businesses could face as a result of the “Mini-TCPA” statutes that several states have recently enacted.
“Mini-TCPA” statutes are now in effect in Florida, Washington and Oklahoma, Buese and Senosiain explain. In fact, the Florida Telephone Solicitation Act (FTSA) has been enacted for more than a year, leading to a flurry of consumer complaints, class action lawsuits and demands that businesses of all sizes are facing.
Buese and Senosiain strongly advise businesses to proactively develop compliance programs and a checklist of best practices to mitigate the risk posed by these statutes, including the following:
- Confirm that you have written permission to call or send text messages to any consumer, especially if you are using any sort of automated system;
- Confirm that all calls and texts are only sent between 8:00am and 8:00pm in the consumer’s time zone;
- Do not use techniques to conceal or alter the caller’s name or number;
- Only send a maximum of three texts or calls per day; and
- Conduct, at least, monthly reviews of your consumer list including comparing list with federal and state Do Not Call registries, and reassigned numbers database.
Alexis M. Buese practices in all aspects of commercial litigation, including class action, contract disputes and real estate litigation. She has broadly defended the consumer products and services industries against the expanding array of class actions that challenge their products, methodologies and procedures. Her clients include numerous consumer goods manufacturers and retailers, including apparel, furniture, food, vitamin and dietary supplement companies, and e-commerce companies.
Melanie Senosiain represents clients in a variety of matters with a focus on business litigation. Following her graduation from Cornell Law School, Melanie clerked for the Honorable Judge Edward C. LaRose of the Second District Court of Appeal. Melanie takes pride in working on complex matters while maintaining a focus on the big and small issues alike.