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FL S1682
Bill
AI Summary
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Requires prior express written consent from called parties before making telephonic sales calls using automated dialing systems or recorded messages; written consent must include the called party's signature, clear authorization language, the target phone number, and disclosure that consent is not required to purchase goods or services.
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Removes existing exceptions that allowed automated calls in response to prior customer inquiries or for previously ordered goods/services without consent.
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Creates rebuttable presumption that telephonic sales calls made to Florida area codes are directed to Florida residents.
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Allows aggrieved called parties to bring civil actions for injunctive relief and recover actual damages or $500 (whichever is greater), with courts authorized to increase awards up to three times the amount for willful or knowing violations.
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Limits attorney fees and costs awards to prevailing plaintiffs in private litigation (removes previous provision allowing such awards to prevailing defendants); maintains separate provision allowing fees awards to prevailing parties in department-initiated litigation upon finding bad faith or complete absence of justiciable issues.
Legislative Description
Telephone Solicitation
Last Action
Died in Regulated Industries, companion bill(s) passed, see CS/SB 1120 (Ch. 2021-185)
4/30/2021