TCPA COMPLIANCE: ESSENTIAL GUIDE FOR FLORIDA BUSINESSES

Florida businesses that use phone calls, text messages, or fax communications to reach customers face a complex web of federal and state regulations. The Telephone Consumer Protection Act (TCPA) and Florida Telephone Solicitation Act. create strict rules that can result in costly lawsuits if violated.

This guide breaks down what Florida businesses need to know about TCPA compliance, and the additional state requirements they must follow.

What the TCPA Actually Covers

The Telephone Consumer Protection Act establishes federal rules for business communications. The law covers several key areas that affect how businesses can contact customers:

• Robocalls and Autodialed Calls: Any automated or pre-recorded calls to cell phones require prior express written consent. Landline calls have different requirements but still face restrictions.
• Text Message Marketing: All marketing text messages require written express consent from recipients. This includes promotional offers, appointment reminders with marketing content, and follow-up messages.
• Pre-recorded Voice Messages: Automated voice messages, including those used for appointment confirmations or service reminders, fall under TCPA regulation.
• Fax Advertisements: Unsolicited fax advertisements are prohibited unless the recipient has an established business relationship with the sender and has provided their fax number for business purposes.

The law also mandates that businesses maintain proper consent records and provide clear opt-out mechanisms for all communications.

Florida’s Additional Layer: The FTSA

Florida businesses face stricter requirements under the Florida Telephone Solicitation Act. This state law goes beyond federal TCPA requirements in several important ways:

• Expanded Autodialing Definitions: Florida’s definition of automated dialing systems is broader than the federal standard, potentially covering more communication methods.
• Restricted Call Windows: The state imposes tighter time restrictions on when businesses can make solicitation calls, with specific rules about weekends and holidays.
• Enhanced Opt-out Requirements: Florida requires more comprehensive opt-out processes, giving consumers multiple ways to stop unwanted communications.

This dual-layer regulation means Florida businesses must ensure compliance with both federal and state requirements—whichever is more restrictive applies.

Protecting Your Business Moving Forward

Florida businesses should treat compliance as an integral part of their strategy, not an afterthought. Companies should carefully evaluate the implementation of compliance programs, particularly those related to business communication strategies, that establish clear processes for obtaining and documenting customer consent (specific and unambiguous), as well as appropriately storing data, in order to help prevent potential problems.

Contact Luzzi Law Firm (melissaluzzi(at)luzzi-law(dotted)com) to implement or assess your present compliance process.

This information is intended to inform firm clients and friends about important matters for businesses. Nothing in this article should be construed as legal advice or a legal opinion, and readers should not act upon the information contained in herein without seeking the advice of legal counsel.