by Joseph C. Wylie II , Nicole C. Mueller and Jonathan Vaitl
Florida's legislature has sent changes to the Florida Telephone
Solicitation Act (the FTSA)1 to the governor's desk for signature that significantly restrict the scope of the act and the private right of
action thereunder and are likely to have a broad impact. These changes
narrow the definition of technologies falling within the statute,
clarify the process for obtaining consent, and impose a notice-and-cure requirement before allowing a suit to be brought. The notice-and-cure requirement is likely to eliminate nearly all lawsuits brought under
the FTSA against companies with compliant do-not-call
policies. Notably, these changes would apply not just to new actions,
but also to all pending putative class actions in which a class has
not been certified.
https://www.mondaq.com/article/news/1314616?q=1803232&n=789&tp=10&tlk=16&lk=85
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