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FL

Telecom Compliance Reference — Updated July 2021

Mini-TCPA State — High Risk

Calling Hours

8:00 AM9:00 PM

Min Penalty

$500

Registration

Required

Solar Sales Telemarketing Compliance in Florida

Solar and energy telemarketing compliance in Florida

Guide last reviewed: January 2025

Mini-TCPA State — Fla. Stat. § 501.059

Florida imposes stricter consent and calling requirements than federal TCPA.Solar Sales companies operating here face $500 per-violation penalties.

Florida Solar Sales Overview

Solar telemarketing in Florida is a legal minefield with active enforcement. FDACS and FL AG have made solar a priority enforcement target — the volume of consumer complaints from solar robocalls and deceptive pitches has driven coordinated state and federal enforcement sweeps. The SunRun class action ($1.5M settlement, 35,000 FL consumers) illustrates the SMS risk. The Solar Solutions Network AG action ($425K settlement) illustrates the regulatory risk. The Auto Warranty Shield FTC action ($3.7M) — while not solar — shows what AI voice + spoofing exposure looks like. The path forward for FL solar outreach: first-party lead generation with explicit written consent, inbound marketing, door-to-door (different regulatory regime), and direct mail. Automated outbound without consent is not a business strategy in Florida — it is a class action waiting to happen.

Penalty/Violation

$500

Willful

$1,500

Calling Hours

8:00 AM9:00 PM

Private Suit

Allowed

Compliance Checklist

Register with FDACS — solar companies are the single highest-enforcement-target industry in Florida,Register individual sales reps as telephone solicitors ($300/each),Obtain prior express WRITTEN consent before ANY automated outreach (calls, texts, AI voice, RVM),Post-FCC January 2025 one-to-one consent rule: consent must be specific to YOUR company — purchased lead lists with shared/bundled consent are legally useless in FL,Scrub FL DNC + Federal NDNC before every dial campaign,Never misrepresent government rebates, utility company affiliations, or program deadlines,Never imply government endorsement — FL AG specifically targets solar for deceptive practices,Record ALL calls and texts for compliance verification (minimum 5-year retention),AI voice calls must identify as AI at the start of the call (FTC requirement + FL deceptive practices),Honor opt-out requests immediately — no grace period,Do not purchase leads from aggregators without verifying one-to-one consent was obtained for your company specifically

What Gets Companies Sued

Top FTSA violations for solar companies: (1) Automated text or voice campaigns to FL consumers without written consent — this accounts for the majority of FL AG solar enforcement actions; (2) Misrepresenting government incentives ("IRA tax credits are ending soon!") — FL AG treats this as deceptive practices on top of FTSA; (3) Caller ID spoofing local FL area codes for outbound solar prospecting; (4) AI voice agents failing to identify themselves as AI at call start; (5) Using purchased lead lists with bundled/shared consent for automated outreach.

Special Exemptions

No meaningful solar-specific exemptions exist in Florida. The B2B exemption applies only when calling commercial property owners/managers in their business capacity — residential solar calls have no exemptions. EBR provides limited coverage only for existing customers (prior installation, service, or consultation within 18 months) and only for manual calls.

Key State Rules

Mini-TCPAYes
RegistrationRequired
Class ActionsAllowed

Solar Sales Enforcement in Florida

Green Energy Leads Inc

$125,000

Jun 2024

no registrationatds without consentdnc violationsdeceptive practices

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.

SunRun Inc

$1,500,000

Dec 2023

sms without written consentatds sms violations

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.

Solar Solutions Network LLC

$425,000

Aug 2023

no written consentatds without consentdnc violationsno registration

Solar companies using automated dialers and text platforms without written consent are the #1 FL enforcement target. Settlement required complete overhaul of consent collection process, appointment of a compliance officer, three years of monitoring, and consumer redress fund. No registration + no consent + DNC calls = combined exposure that FL AG pursues aggressively.

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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 →