DEBT COLLECTORS MUST TREAT YOU WITH TRUTH, FAIRNESS, DIGNITY & RESPECT
FLORIDA'S MINI-TELEPHONE CONSUMER PROTECTION ACT ("mini-TCPA")
On July 1, 2021, Florida enacted a new law that goes beyond the federal Telephone Consumer Protection Act (“TCPA”). The new law allows Florida residents to sue to recover $500 (or $1,500) per violation plus attorney's fees and costs.
Florida's "mini-TCPA" targets telemarketers by prohibiting a person from making or “knowingly allow[ing] a telephonic sales call to be made if such call involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called without the prior express written consent of the called party.”
The new law include the following:
Telephonic Sales Call. “Telephonic sales call” includes a telephone call, text message, or voicemail transmission for the purpose of soliciting a sale of any consumer goods or services, soliciting an extension of credit for consumer goods or services, or obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.
Automated System. Any system that “automat[es] … the selection or dialing of telephone numbers.”
Prior Express Written Consent. Prior express written consent is required for telephonic sales calls, text messages, and recorded messages made using an automated system. Prior express written consent must include the signor's phone number, a clear and conspicuous disclosure informing you that you authorized the call, notice you're not required to sign or enter into any written agreement as a condition of purchasing any property, goods, or services.
Persons Responsible. The new law appears to be apply to both any person who “knowingly allow[s] the telephonic sales call to be made, ” and third party vendors making calls on behalf of a Florida company
Exemptions. Religious, charitable, political, and educational callers calling for those purposes are exempt. The statute allows creates exemptions for commercial banks and lenders, insurance brokers, and business-to-business calls.
What are robocalls?
Robocalls are calls to your cell phone dialed by a computer.
Are robocalls against the law?
Yes. The Telephone Consumer Protection Act (TCPA) is a federal law that gives consumers who receive robocalls the right to sue and possibly be compensated up to $1,500 per call.
How do I know it is a robocall?
There are a few ways to identify a robocall:
- An automated voice on the line when you answer the call.
- An automated voicemail.
- When you answer the call you hear a 2-3 second pause or a clicking sound followed by a live operator.
Are debt collectors and telemarketers allowed to robocall my cell phone?
Not without your express consent.
Did I consent?
Probably. When you signed up for the credit card or loan you probably consented in the fine print.
Can I revoke my consent?
Yes. Answer the call and tell the debt collector they are calling your cell phone and you want them to stop. They may lie to you and tell you they can't stop unless you send the request in writing. Tell them to stop and make a special note of the call.
What is the penalty for robocalls?
Robocalls may be worth up to $1,500 per call to you.
What if I miss the call or ignore it?
All missed or ignored calls still count and can be worth up to $1,500 per call.
What should I do if I receive robocalls to my cell phone?
- Call our firm today for your FREE consultation.
- Save all voice mails and text messages.
- Save all caller ID screens. Screenshot your caller ID screen every time you receive a suspected robocall. Take a screenshot of your caller ID screen even if you miss the call.
- Save good notes of all conversations. Make sure you get the name of the debt collector, the company they work for, the time, date and duration of the call, as well as details of the conversation.
How much does it cost to hire Florida Consumer Lawyers?
Nothing. Our firm handles all robocall cases on a contingency fee basis. This means we only get paid if we win. If we win we get paid from a percentage of the verdict or settlement.
What are possible outcomes for my case?
Successful robocall cases usually lead to a settlement or awards between $500 – $1,500 per call. Additionally, our firm may get the outstanding debt in question waived as part of the settlement or award.
If you believe you're receiving robocalls to your cell phone you may be entitled to money. To learn more please complete our free case review form.
Florida Consumer Lawyers will review your claim and discuss the matter with you for free.