Text marketing is one of the most effective ways to get your products or services in front of potential buyers. However, what many text marketers may not realize is that the new Florida Telephone Solicitation Act (“FTSA”) applies to text messages (SMS) - regardless of whether the business is located in Florida - making them subject to the same requirements and restrictions as telemarketing calls.
For over thirty years, the federal Telephone Consumer Protection Act (“TCPA”) regulated automated dialing and text messages. All that changed in July 2021 when Florida passed the FTSA. The Florida law is just as poignant and, in some instances, more restrictive than the TCPA. Among several features, Florida’s definition of an automated system is broader than the TCPA’s, which was narrowed by the U.S. Supreme Court’s recent Facebook v. Duguid decision. Thus, it is possible for a text message to not be subject to the TCPA’s restrictions, but still be regulated under Florida law.
During this CLE webinar discussion, Gunster Shareholders Alexis Buese and Megan Moon will address:
- What is the Florida Telephone Solicitation Act (FTSA)?
- FTSA regulations
- The practical effort of reassigning millions of wireless numbers annually
- The landscape of FTSA litigation
- How to mitigate risks
Approved Florida CLE Credits: General (0.5) | Technology (0.5)
Alexis Buese practices in all aspects of commercial litigation, including class action, contract disputes, and real estate and consumer class action litigation. She serves as a co-leader of Gunster’s Class Action Defense team. She has broadly defended the consumer products and services industries against the expanding array of class actions that challenge their products, methodologies, and procedures. She also works with clients to assess their product and service offerings, and mitigate litigation risk in connection therewith including by creating enforceable e-commerce agreements, including the drafting and implementation of effective terms and conditions.
Megan Moon is a versatile defense litigator, advising clients involved in a wide range of business disputes in both state and federal courts and domestic and international arbitrations. Her practice centers on complex commercial litigation, including contract disputes, class action defense, employment disputes and torts defense, as well as governmental affairs and telecommunications litigation, at both the trial and appellate court levels. She is also skilled in assisting clients with electronic discovery, document review management and data organization and collection.
