Florida Amends Telephone Solicitation Law

Florida recently enacted House Bill 761 (the “Bill”), amending the telephone solicitation statute.  The Bill is effective May 25, 2023.

Among other changes, the Bill expands the definition of “signature,” allowing prior written consent for telephonic sales calls, as defined in the statute, to be established by an act that demonstrates express consent, such as checking a box to indicate consent or responding affirmatively to a text message, advertising campaign, or email solicitation.

The Bill also provides new conditions under which civil actions may be brought for text message solicitations sent in violation of the statute.  Under the Bill, the party receiving the text must notify the telephone solicitor that they do not wish to receive text messages from the solicitor by replying “STOP” to the number from which they received the text message.  The Bill provides a 15 day grace period for the telephone solicitor to comply with the notice and cease sending text messages to the notifying party.  The party that received the text may bring an action under the statute only if the solicitor continues to send text messages 15 days after they provided notice to the solicitor.