⚠ Penalty Exposure — Florida
Per Violation
$500
Willful
$1,500
AG Max/Violation
$10,000
10,000 Calls
$5,000,000
= exposure
Overview
Florida runs the strictest mini-TCPA in the country. The FTSA (Florida Telephone Solicitation Act, Fla. Stat. § 501.059) requires prior express WRITTEN consent before any automated call or text — no exceptions, no notice-and-cure. Private plaintiffs can sue for $500/violation ($1,500 willful) and class actions are regularly certified. If you operate automated outreach targeting FL consumers, written consent comes first. Every time.
Consent Requirements by Channel
| Channel | Consent Required | One-to-One |
|---|---|---|
| Voice Call | Written Consent Required | Required |
| SMS | Written Consent Required | Required |
| AI Voice | Written Consent Required | Required |
| Prerecorded | Written Consent Required | Required |
| Ringless VM | Written Consent Required | Required |
| MMS | Written Consent Required | Required |
| Fax | Prior Express | — |
Key Court Decisions
FL AG v. Tele Circuit Network Corp.
6/10Florida Circuit Court · Feb 2024
Florida AG obtained $2.3M settlement for FTSA violations involving unregistered telemarketing and DNC violations.
Turizo v. Subway Franchisee Advertising Fund Trust
7/10Southern District of Florida · Aug 2023
FTSA applies to text message marketing campaigns. Per-text damages available under Florida mini-TCPA.
Schweitzer v. Comenity Bank
7/10Southern District of Florida · May 2023
FTSA stricter calling hours (8AM-8PM) enforceable. Federal TCPA does not preempt state time restrictions.
Recent Enforcement Actions
Green Energy Leads Inc
$125,000Jun 2024 · solar
Solar lead generation company operating without FDACS registration, using automated text and voice campaigns to FL consumers without written consent. FDACS discovered through consumer complaint volume. Administrative action resulted in emergency cease and desist, $250K fine, required registration, and compliance audit. Unregistered operation = no bond = consumers had no recourse fund. FDACS treats failure to register as an aggravating factor in penalty calculation.
National Credit Recovery LLC
$285,000Feb 2024 · debt collection
Debt collector using predictive dialer to call FL cell phones without written consent. Plaintiff combined FTSA and FDCPA claims — both statutes have private rights of action. Class certification denied (individual debt amounts too varied) but individual plaintiff recovered $4,500 including attorneys' fees. Demonstrates that FTSA + FDCPA combination doubles exposure for debt collectors. Every call to a FL cell phone number using a predictive dialer without written consent is a FTSA violation AND potentially an FDCPA violation.
SunRun Inc
$1,500,000Dec 2023 · solar
Class of approximately 35,000 Florida consumers who received automated solar marketing texts without prior written consent under FTSA. Class certified in S.D. Fla. Settlement: $1.5M ($43/class member). Key lesson: a single SMS marketing campaign without written consent for FL recipients generates massive class action exposure. The platform used stored contact lists and sent automatically — qualifying as ATDS under FL's post-2021 definition regardless of the Duguid ruling.
Key Rules
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →