Privacy Law Library

Florida Telephone Solicitation Act (including the 'mini-TCPA' autodialer rule)

FTSA

Marketing · Communications

Florida's telemarketing privacy law, which includes the state do-not-call list and, since 2021, a 'mini-TCPA' requiring prior express written consent for autodialed or prerecorded sales calls and texts. HB 761 (2023) narrowed the autodialer definition and added a pre-suit 'STOP' notice for text claims. Calls to Florida area codes are presumed to reach Florida residents.

Where
Florida
Citation
Fla. Stat. 501.059
Status
In force
Last amended
2023-05-25
Enforced by
Florida Department of Agriculture and Consumer Services; Department of Legal Affairs; private plaintiffs
People can sue
Yes
Penalties
Called parties may sue for an injunction and the greater of actual damages or $500 per violation, trebled for willful or knowing violations, with prevailing-party attorney's fees (501.059(10)-(11)); for text messages the recipient must first reply 'STOP' and the solicitor has 15 days to stop (501.059(10)(c)). The department or the Department of Legal Affairs may seek Class IV civil penalties under s. 570.971 (501.059(9)).
Applies to
  • Telephone solicitors and other persons making telephonic sales calls (calls, texts, or voicemails soliciting consumer sales or credit) to consumers in Florida, including from out of state (501.059(1))
  • Persons who sell consumer information containing telephone numbers (must scrub against the Florida no-sales-solicitation list) (501.059(4))
  • Merchants that engage telephone solicitors (501.059(7))

What a privacy notice must say

  • Telecommunications companies must inform customers of the section's provisions (e.g., by bill inserts or directory notice).Fla. Stat. 501.059(12)

Practices it requires

  • Do not call, text, or leave a voicemail for anyone who has told the solicitor they do not want such outbound contacts.Fla. Stat. 501.059(5)
  • Do not make unsolicited telephonic sales calls using an automated system to select and dial numbers, or playing a recorded message, without the called party's prior express written consent (a signed written agreement identifying the number and authorizing such calls).Fla. Stat. 501.059(1)(g), (8)(a)
  • Do not make unsolicited telephonic sales calls to residential, mobile, or paging numbers on the department's quarterly no-sales-solicitation list; sellers of consumer phone-number lists must scrub against it.Fla. Stat. 501.059(4)
  • Stop text-message solicitations within 15 days after the recipient replies 'STOP'; the recipient must give this notice before suing over texts.Fla. Stat. 501.059(10)(c) · From 2023-05-25
  • Merchants may not charge a consumer's card or transfer funds for a telephone sale until receiving a signed written contract that complies with the section.Fla. Stat. 501.059(6)-(7)
  • Transmit the originating telephone number, and the solicitor's name when available, to caller ID; do not alter the caller's voice to disguise identity to defraud or obtain personal information.Fla. Stat. 501.059(8)(b)-(c)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Original enactment (ch. 87-253) not confirmed from the session law, so effective_date is null. | Whether the 2023 amendments apply to pending suits (the act's applicability clause) was not analyzed.

Research reference, not legal advice.