Notes

Manual (human) dialing to non-DNC numbers requires only prior express consent. ATDS calls to any number — cell or landline — require prior express WRITTEN consent. The written consent must specifically identify the seller and the type of contact authorized. Verbal or implied consent is insufficient for automated calling. EBR exemption provides limited relief for existing customers but does not satisfy the written consent requirement for ATDS calls.

ATDS Definition

Any system that can automatically select or dial telephone numbers, including equipment that stores numbers and dials them without requiring a human to initiate each individual call. Explicitly includes predictive dialers, power dialers, progressive dialers, and any software-assisted dialing that removes the human-per-call requirement. This definition is intentionally broader than the post-Facebook v. Duguid federal ATDS standard — FL rejected Duguid by statute in the 2021 FTSA amendment.

Statute

Fla. Stat. § 501.059

Notes

FTSA explicitly and specifically covers text messages sent using automated systems. This places Florida among the strictest states for SMS marketing. Even platforms marketed as "P2P" may trigger FTSA if they automate the delivery sequence. The FCC one-to-one consent rule (effective Jan 2025) compounds the risk — purchased lead lists where consent was obtained for a different company are now largely unusable in Florida. Build a first-party, consent-verified contact list or face class action exposure.

ATDS Definition

Same broad ATDS definition applies to text messages. Any automated texting platform — whether it generates numbers or simply stores and sends from a list — triggers the FTSA written consent requirement. Marketing platforms, CRM auto-send features, and campaign text blasters all qualify as automated systems under Florida's post-2021 definition.

Statute

Fla. Stat. § 501.059

Notes

Highest risk channel in Florida. AI voice platforms automatically dial and deliver calls without per-call human initiation — that is the exact definition of an ATDS under FTSA. Written consent must be obtained BEFORE the AI places any call. No notice-and-cure provision means every unauthorized AI call is immediately actionable. FL AG and FDACS have prioritized AI voice enforcement. Additionally, FTC impersonation rules and FL deceptive trade practice statutes layer on top of FTSA for AI voice that fails to identify itself as AI at call start.

ATDS Definition

AI voice agents are automated systems under FTSA. No separate AI voice statute exists in Florida as of the last update, but the 2021 FTSA ATDS definition expressly captures any equipment that automatically places calls — human voice simulation via AI is automated by definition. Several FL AG investigations have specifically targeted AI voice platforms.

Statute

Fla. Stat. § 501.059

Notes

Prerecorded calls require prior express written consent. Checkbox consent embedded in general terms of service is NOT sufficient for prerecorded — courts have consistently required a clear, standalone affirmative agreement that specifically identifies prerecorded calls as an authorized channel. EBR provides partial exemption for existing customers regarding the same goods/services, but automated delivery still requires written consent under the 2021 FTSA amendments.

ATDS Definition

Prerecorded voice messages are explicitly covered by FTSA as automated communications. Any system that delivers a pre-recorded audio message to a called party triggers the written consent requirement.

Statute

Fla. Stat. § 501.059

Notes

Treat RVM as requiring prior express written consent in Florida. RVM litigation in S.D. Fla. has increased significantly since 2022. Multiple FL class actions have been filed treating RVM as a telemarketing call subject to FTSA. The argument that RVM does not "ring" and therefore is not a "call" has been rejected by several courts. Until FL Supreme Court or legislature provides definitive guidance, written consent is the safe operating assumption.

ATDS Definition

RVM legal status in Florida is contested but trending toward requiring written consent. Courts treating RVM as a "call" that bypasses the ringer apply the FTSA ATDS standard. FCC has also signaled RVM constitutes a "call" under federal TCPA.

Statute

Fla. Stat. § 501.059

Notes

Same written consent requirement as SMS. MMS using automated systems triggers FTSA. No distinction is made in the statute between SMS and MMS for consent purposes. Platforms that send MMS marketing messages (images, video, GIFs) automatically from stored lists are ATDS under Florida law.

ATDS Definition

MMS (multimedia messaging) treated identically to SMS under FTSA automated messaging provisions. Any automated system delivering MMS triggers the written consent requirement.

Statute

Fla. Stat. § 501.059

Notes

Unsolicited fax advertising prohibited under both federal and FL law. Prior express consent required. EBR provides exemption for existing business relationships under JFPA (47 U.S.C. § 227(b)(2)(D)) with opt-out notice on each fax. Florida-specific fax violations can be pursued under FL consumer protection statutes in addition to federal TCPA.

ATDS Definition

Fax solicitations are governed primarily by federal TCPA and the Junk Fax Prevention Act (JFPA). Florida consumer protection statutes also prohibit unsolicited commercial fax advertising.

Statute

Fla. Stat. § 501.059; 47 U.S.C. § 227(b)(1)(C)