A bill recently signed into law by Florida Governor Ron DeSantis is expected to dramatically impact businesses that engage in telemarketing and text message marketing to Florida residents. The bill, CS/SB 1120, amends current Florida law to require companies that contact consumers via automated sales text messages and telephone calls to first obtain the receiving consumer’s express written consent. Violators of the law face fines of $500 per violation, plus the potential for increased damages and attorneys’ fees. Due to the law’s similarity to the federal Telephone Consumer Protection Act of 1991 (TCPA), the law has been referred to as Florida Mini-TCPA law. 

Key Features of Florida’s New Mini-TCPA Law

Key features of Florida Mini-TCPA law include:

• The law applies to automated systems for the dialing or selection of telephone numbers or the playing of a recorded message when a connection is completed.
• The law defines a “telephonic sales call” as a text message, phone call, or voicemail transmission to a consumer for the purpose of soliciting an extension of credit for consumer services or goods, soliciting a sale of any consumer services or goods, or obtaining information that may or will be used for the direct solicitation of a sale of consumer services or goods or an extension of credit. 
• The law defines a “called party” as the “regular user” of the phone. This differs from the federal TCPA, which also includes the subscriber to the phone.
• The law imposes a written consent standard that is similar to the federal requirement under the TCPA.
• The law entitles an aggrieved party to $500 per violation.
• The law limits the hours during which a party may place a telephonic sales call to between 8:00 a.m. and 8:00 p.m. 
• The law contains provisions that address the use of spoofed numbers.
• The law prohibits the placement of more than three telephone solicitation calls from any number to a person in a 24-hour period on the same issue or subject matter, regardless of the phone number used by the party making the call.

Contact a Florida TCPA Attorney 

If you are the recipient of unsolicited telemarketing calls, our experienced Florida TCPA attorney can help you obtain financial compensation for your troubles. When you contact experienced TCPA attorney Seth Lehrman, he’ll diligently pursue financial compensation on your behalf. Seth Lehrman represents individuals who have received unwanted sales calls or texts in TCPA cases in Florida and across the U.S. If your TCPA claim is successful, you are eligible to recover up to $1500 for each documented violation of the TCPA law. And if you live in Florida, you may be entitled to additional compensation under Florida’s Mini-TCPA law. So, if you have received unsolicited robocalls or have been subjected to other harassing behavior by telemarketers, please contact us today for a free consultation.

The Telephone Consumer Protection Act (“TCPA”) is a federal law that prohibits certain types of unwanted calls. Under the TCPA, several types of calls are prohibited, including auto-dialed calls and prerecorded messages to cellular telephones that are made without the recipient’s consent. The TCPA applies to text messages and telephone calls. Since the TCPA is a federal law, it applies in every state, including California. This means that if you are a California resident, you may be entitled to financial compensation for each prohibited phone call you receive. Below are some of the main things you should be aware of regarding your rights under the TCPA in California:  

• The TCPA applies to cell phones, landlines, and fax machines. Regarding faxes, the TCPA requires that unsolicited advertisements sent via fax contain a notice informing recipients of how to opt out of receiving future fax advertisements.
• Prerecorded and artificial telemarketing calls to landlines are prohibited without the express consent of the recipient. However, non-sales calls and prerecorded calls that are made using an auto-dialer are allowed. Examples of permitted calls include opinion polls, surveys, and charitable fundraising communications. 
• Telemarketers are prohibited from calling a landline on the do not call list two or more times in a 12-month period. 
• The TCPA prohibits certain types of sales calls, including illegal robocalls. Companies sometimes place illegal sales calls using fake caller ID information in an effort to increase the likelihood that call recipients will pick up the phone.
• All telemarketing calls placed to a cell phone are prohibited without the express written consent of the recipient, and this includes prerecorded and auto-dialed calls. And even when consent is given, the consumer may revoke it at any time. 
• A debt collector may only call a consumer’s cell phone if it is related to a specific debt transaction. No other purposes are permitted under the TCPA. 

Damages in California TCPA Cases

When telemarketers in California violate the TCPA with illegal phone calls, the recipients of these calls may be entitled to financial compensation. Specifically, consumers may be entitled to up to $500 for each call, text, or fax that violates the TCPA. And when telemarketers or debt collectors willfully violate the TCPA, consumers may be entitled to up to $1500 per illegal call.  

Fight Back Against Unwanted Debt Collection and Telemarketing Calls! 

If you are a California resident who has received calls that are prohibited under the TCPA, you need a TCPA attorney in your corner. When you hire attorney Seth Lehrman, you can rest assured that we’ll do everything we can to ensure that you receive financial compensation for the harassment you’ve endured. If you have received unsolicited telemarketing calls in California and are ready to fight back, please contact our law firm as soon as possible for a free consultation.

The Telephone Consumer Protection Act (“TCPA”) is a federal law that regulates telephone communications in an effort to protect consumers. In furtherance of this goal, the TCPA led to the creation of a national do not call list in 2003. Telemarketers may not contact consumers whose names appear on this list more than once in a one-year period. When a person on this list receives more than one telemarketing call in a year, he or she may be entitled to financial compensation. Below is an overview of do not call list violations under the TCPA. For more information on the do not call list and TCPA violations, please contact a Florida TCPA attorney.

Who is Exempt from the Do Not Call List? 

Although the do not call list affords protection to those who choose to register, it doesn’t prevent all telemarketing calls. The list doesn’t apply to telemarketers who:

• Have a business relationship with an individual on the list, or
• Have written consent to call a person on the list. 

However, even if an individual gives a business permission to contact him or her via telephone, this consent can be revoked at any time. For information on how to effectively revoke permission to be called by a telemarketer, contact a Florida TCPA attorney.

What Happens When a Telemarketer Violates the TCPA? 

If a business calls someone who is on the do not call list twice during a 365-day period, the recipient of the call may be entitled to financial compensation under the TCPA. Under the TCPA, when a telemarketer calls someone on the do not call list more than once in a year, the violator is liable for statutory damages in the amount of $500 per call (excluding the first call made to the individual on the do not call list). In addition, if the violation of the TCPA was willful, the court may award the recipient of the unwanted call up to $1,500 per call. If you are the victim of telemarketer harassment, the best way to ensure you receive financial compensation is to contact a Florida TCPA attorney as soon as possible. 

Contact a Florida attorney today! 

Telemarketers are notorious for harassing innocent people. Luckily, as a consumer, you no longer have to accept telemarketer harassment. If you’re ready to fight back against illegal calls, you need a Florida TCPA attorney in your corner. When you hire attorney Seth Lehrman, we’ll do everything we can to ensure that you are well compensated for the harassment you’ve endured. In fact, you may be able to recover up to $1500 for each documented violation of the TCPA. Therefore, if you have received unsolicited robocalls or pre-recorded messages in Florida or elsewhere in the United States, please contact our law firm as soon as possible for a free consultation.

The Telephone Consumer Protection Act and its implementing regulations protect consumers by regulating the use of automatic telephone dialing systems and artificial voice calls. An automatic telephone dialing system is a type of equipment that stores or produces telephone numbers to be called and automatically dials such numbers. Artificial voice calls are calls that use artificial intelligence to communicate with customers. Telemarketers often use automatic telephone dialing systems to make artificial voice calls to consumers in large quantities. The TCPA restricts the use of artificial voice calls and holds telemarketers financially liable for violations. Below is an overview of artificial voice and the TCPA. 

Damages for Artificial Voice Calls 

Any consumer who receives prohibited artificial voice calls may file a lawsuit against the telemarketer or debt collector who made the calls. Under the TCPA, a consumer is eligible to receive:

• Up to $500 for every violation of the do not call registry,
• Up to $500 per artificial voice call that violates the TCPA, and
• Up to $1,500 per artificial voice call if the consumer can prove that the telemarketer violated the TCPA knowingly and willfully.

What to Do if you Receive an Artificial Voice Call

If you receive an artificial voice call and wish to pursue compensation under the TCPA, you should take the following steps: 

• Obtain copies of your phone records and highlight all calls from telemarketers and debt collectors.
• Write down details of each artificial voice call you receive, including the date of the call, the time of the call, and the identity of the company that initiated the call.
• If you have placed a company on notice that you don’t wish to receive calls, keep a copy of the correspondence.
• Finally, although most artificial voice calls are forbidden under the TCPA, some types of telemarketing calls are permitted, and it can sometimes be difficult to determine whether a caller has violated the law. Therefore, if you’ve received unwanted telemarketing calls of any kind, you should have an attorney review the details of your case in order to determine whether you may be eligible for the compensation discussed above.

Contact Lehrmanclassaction.com Today!

The TCPA forbids certain types of telemarketing calls, including calls that use artificial voice. However, this hasn’t stopped telemarketers from continuing to harass people. If you are a victim of prohibited phone calls from telemarketers and are ready to fight back, you need a Florida TCPA attorney in your corner. When you hire attorney Seth Lehrman, you can rest assured that we’ll do everything we can to ensure that you are well compensated for the harassment you’ve endured. Seth Lehrman dedicates a large portion of his practice to representing people who are sick and tired of unwanted telemarketing calls. Therefore, if you have received unsolicited telemarketing calls in Florida or elsewhere in the United States, please contact our law firm as soon as possible for a free consultation.

The Telephone Consumer Protection Act (“TCPA”) is a federal law that protects consumers by regulating telephone communications, including pre-recorded messages. Telemarketers use prerecorded calls to communicate previously recorded messages to consumers. Prerecorded messages are favored by telemarketing companies because they are an efficient way to reach a large number of people in a short period of time. The TCPA has explicit rules in place regarding the use of prerecorded messages, and when telemarketers violate the TCPA, recipients of these calls may be entitled to up to $1500 per incident. Below is some additional information on the TCPA and calls using prerecorded messages.  

Ringless Voicemail

Prerecorded messages are often transmitted to customers via a method called ringless voicemail. Ringless voicemail, which is also called a voicemail drop, is a method used by telemarketers to place a pre-recorded message directly into a customer’s voicemail inbox without first causing his or her phone to ring. This practice, which is favored by debt collectors and spammers, is often combined with caller ID spoofing. Caller ID spoofing is a method used by telemarketers and scammers that falsely displays a local number on a recipient’s caller ID. Caller ID spoofing makes recipients more likely to respond to calls and prerecorded messages. 

Are Calls Using Prerecorded Messages Ever Allowed Under the TCPA?

Although many pre-recorded messages are forbidden and can result in financial compensation for recipients under the TCPA, certain types of pre-recorded messages are allowed, including: 

• Prerecorded messages made for emergency purposes
• Prerecorded messages not made for commercial purposes
• Prerecorded messages made for commercial purposes but that do not meet the definition of “telemarketing”
• Prerecorded health care messages made by certain covered entities

What Should I Do if I Receive a Pre-recorded Message? 

If you receive a pre-recorded message, you should document the details of the call and contact a Florida TCPA attorney. As noted above, some types of pre-recorded messages are permitted, and the law makes distinctions between cell phones and landlines. Therefore, it’s often necessary to have an attorney review the details of your case in order to determine your eligibility for financial compensation under the TCPA. 

Contact a Florida attorney today! 

Telemarketers harass countless people each day with robocalls and prerecorded messages. If you’re ready to fight back against illegal calls from telemarketers, you need a Florida TCPA attorney in your corner. When you hire attorney Seth Lehrman, you can rest assured that we’ll do everything we can to ensure that you are well compensated. In fact, you may be able to recover up to $1500 for each documented violation of the TCPA. Seth Lehrman dedicates a large portion of his practice to representing people who are sick and tired of unwanted robocalls and prerecorded messages. Therefore, if you have received unsolicited robocalls or pre-recorded messages in Florida or elsewhere in the United States, please contact our law firm as soon as possible for a free consultation.