US state-level laws and regulations

While the TCPA is a US federal law, there are also state laws that may have their own unique requirements, provisions, and penalties, and they often work in conjunction with the federal TCPA to regulate telemarketing and text message marketing activities. Florida is one example of where state law can differ from the federal TCPA.

State-level best practices

  • Only call individuals who have given prior express written consent for telemarketing purposes.

  • Identify your business and provide your contact information during the call.

  • Honor the National Do-Not-Call Registry and State-specific Do-Not-Call Lists.

  • Limit telemarketing calls to between 8 am and 9 pm in the recipient's time zone.

  • Maintain an internal Do-Not-Call List and remove individuals who request not to receive calls from your business.

  • Train your employees on TCPA compliance and monitor their adherence to guidelines.

  • Only use autodialers and pre-recorded messages with prior express consent or in specific emergency situations.

  • Obtain prior express written consent before sending text messages for telemarketing purposes.

  • Provide opt-out instructions in every message and honor opt-out requests promptly.

  • Keep detailed records of consent and opt-out requests for at least four years.

Florida mini-TCPA

The Florida mini-TCPA requires companies to obtain consent from customers before sending them telemarketing messages and prohibits the use of automatic dialing systems without consent. This applies to Florida residents and any person who is in Florida when they receive the message or call.

The law includes provisions for the National Do-Not-Call Registry and provides for statutory damages for violations.

  • One of the main differences is that Florida law allows for a private right of action, which means that individuals can sue companies for violations of the law. The federal TCPA, on the other hand, only allows for government enforcement of the law.

  • Florida law has a different definition of what constitutes an "automatic telephone dialing system" (ATDS), which can affect the types of calls that are prohibited.

  • Florida law has a different standard for what constitutes "express consent" for text messages, which is an important factor in determining whether or not a message is allowed under the law.

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