Mini-TCPA in effectLast verified 2026-09-03

Florida TCPA and telemarketing law

Florida has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.

At a glance
StatuteFla. Stat. § 501.059↗
Consent standardPrior express written consent↗
Stricter than federalYes↗
Private right of actionYes↗
Statutory damages$500 / violation · up to $1,500 willful↗
Covers text messagesYes↗
Cure period15 days (text messages only)↗
The federal layerApplies in every state
Delayed
Revocation must apply across all unrelated matters
An opt-out on one subject applies to all unrelated marketing
2027-01-31↗
In effect
Revocation by any reasonable method; no exclusive means
Honor within 10 business days, by any reasonable method
2025-04-11↗
Vacated
One-to-one consent for lead generators
Struck down by the Eleventh Circuit
2025-01-24↗
What’s different here

Florida runs its own telemarketing statute alongside the federal TCPA, and the two do not move together. When the Eleventh Circuit vacated the FCC's one-to-one consent rule in January 2025, that vacatur did nothing to Fla. Stat. § 501.059. The state consent standard is set by state law and survived untouched.

The statute is also broader than the federal trigger in two specific ways. It applies to calls made with “an automated system for the selection and dialing of telephone numbers”, which reaches equipment that the federal ATDS definition does not after Facebook v. Duguid. And it expressly covers text messages and voicemail transmissions, not just voice calls.

The 2023 amendment narrowed it in one important respect that most guidance still gets wrong: before suing over text messages, a consumer must first reply STOP and give the sender 15 days to comply. That is a real gate on text claims. It does not apply to voice calls.

Source: Fla. Stat. § 501.059 ↗

Compliance checklistFederal baseline
01Consent language names the calling party, not “our partners”
02Checkbox unchecked by default and unbundled from terms
03Opt-outs accepted by any reasonable method, not STOP only
04Suppression propagates across voice, SMS, and email
More on Florida8 sections
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