September 16, 2021

Volume XI, Number 259

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BAD NEWS: Florida Robocall Bill (“Mini-TCPA”) Presented to Governor DeSantis–Will Be Effective July 13, 2021 or Earlier

Well, folks, we’ve been carefully watching the status of the hugely important Florida robocall bill–known as the mini-TCPA.

As we’ve reported earlier, the bill would add a private right of action to the existing Florida bill, and require express written consent for any call made with an automated dialing system–even if a consumer asks for information or you are communicating with an existing customer.

The last three weeks have made for high drama as the bill seemed stuck with the requisite legislative Officers and was not presented to the governor despite passage months ago. It looked, perhaps, as though the bill may wither on the vine.

Nope.

Just today the bill has been presented to Governor DeSantis. That means he has 15 days to veto the bill, otherwise, it becomes law.

Notably, the bill was scheduled to go into effect July 1, 2021, i.e. on Thursday. If he signs the bill by then the effective date will be preserved.

Otherwise, the bill will become effective–assuming the guy doesn’t veto it (which would be awesome but won’t happen)–no later than July 13, 2021.

To quote Penny, “boo.”

It's time to get your ducks in a row, folks. As Queenie said on stage in Austin–this is why you don’t want to wholesale change your practices following Facebook. Continuing to obtain PROPER express written consent remains the gold standard. And if you intend to make calls without such consent, be sure you’re using a TRULY manual process with a human selection of number sequencing at point of dial.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 179
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About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

213-689-6510
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