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FL H0761

Bill

Status

Passed

5/26/2023

Primary Sponsor

Commerce Committee

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • Amends s. 501.059, F.S., to prohibit making or knowingly allowing unsolicited telephonic sales calls that use automated dialing systems, recorded messages, or prerecorded voicemails without the called party's prior express written consent
  • Revises the definition of "prior express written consent" to explicitly cover telephone calls, text messages, and voicemail transmissions, and requires the consent agreement to include the specific telephone number authorized for contact
  • Expands the definition of "signature" to include electronic or digital signatures recognized under federal or state law, as well as acts demonstrating express consent such as checking a box or responding affirmatively to text messages or email solicitations
  • Requires a called party to reply "STOP" to a telephone solicitor's text messages before filing a civil action for damages related to text message solicitations; the solicitor then has 15 days to cease sending texts, and a lawsuit may proceed only if texts continue after that 15-day period
  • Applies to any suit filed on or after the effective date and to any putative class action not yet certified as of the effective date; takes effect upon becoming law

Legislative Description

Telephone Solicitation

Last Action

Chapter No. 2023-150

5/26/2023

Committee Referrals

Commerce Committee3/29/2023
Civil Justice Subcommittee3/10/2023
Regulatory Reform & Economic Development Subcommittee2/21/2023

Full Bill Text

No bill text available