Florida Telephone Solicitation Act (FTSA)
Florida regulates marketing texts more broadly than federal law, with $500-$1,500 per-text damages. Written consent plus instant STOP handling is the posture.
Enacted in 2021, the FTSA made Florida the most dangerous state to text carelessly. It covers telephonic sales calls — interpreted to include SMS — made with an "automated system for the selection or dialing of telephone numbers," a definition far broader than the post-Duguid federal ATDS standard.
A 2023 amendment trimmed plaintiff leverage: it tightened the autodialer language, required consumers to reply STOP before suing over continued texts, and applied retroactively to pending cases. FTSA filings dropped but did not stop.
Compliance posture for anyone texting Florida numbers: prior express written consent for marketing, immediate STOP processing, sends limited to 8 a.m.-8 p.m. Eastern for Florida recipients, and no more than three solicitation attempts per 24 hours on the same subject.
Frequently asked questions
Related glossary terms
Mini-TCPA laws are state statutes regulating calls and texts alongside the federal TCPA — Florida's FTSA, Oklahoma's TSA, and others — often with broader autodialer definitions, stricter hours, and separate statutory damages.
The Telephone Consumer Protection Act is a US federal law (47 U.S.C. § 227) that restricts marketing calls and texts to mobile phones, with statutory damages of $500–$1,500 per violation.
An opt-out is a consumer's revocation of SMS consent. Under the FCC's revocation rules, any reasonable method counts — not just STOP — and senders must honor it within 10 business days.