Florida lawmakers recently revised the Florida Telephone Solicitation Act (FTSA) into what the legal world is referring to as a “mini TCPA.” The nickname is primarily due to the fact that the FTSA incorporated many of the same elements of the TCPA that plague business owners. This includes the ability to get up to three times the alleged damages if the plaintiff can establish the business was willful in its violation.
How will this new law impact businesses?
The amended FTSA went into effect in July. Multiple lawsuits are already moving forward, attempting to use these revisions to attack businesses who operate throughout the state. In a recent example, a class action suit is moving forward against Dickey’s Barbecue Restaurants for a series of text messages sent out to clients to let them know about an upcoming Fourth of July sale. The messages encouraged customers to take advantage of free delivery, free sides and $5 off certain orders.
A group of customers took issue with the messages and are suing, stating they had not given written consent for the business to send text messages. They are seeking an injunction and monetary award.
What should business owners learn from this case?
We will provide updates on the case as it moves forward, but it highlights what will likely be a growing trend throughout Florida in coming months. As such, businesses are wise to review their practices to make sure they comply with the new law and act to aggressively defend themselves if/when they face similar allegations of a TCPA or FTSA violation.