October 25, 2021

Volume XI, Number 298

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October 25, 2021

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IT'S STORMING IN FLORIDA: Recent Florida Mini TCPA Filings a Mixed Bag of Pain for Businesses Texting their Customers

So we’re tracking all the new Florida filings daily. I’m not posting all of them for a variety of reasons but figured I’d give you a quick update on the trends we’re seeing.

First the cases overwhelmingly involve text messages and are primarily targeted at discount text clubs and promotional texts. Most appear to be text programs that businesses are using to communicate with existing customers. But under Florida law, of course, there is no EBR or inquiry defense anymore. So you are NOT free to text your existing customer promotional materials using an “autodialer.”

In terms of what constitutes an “autodialer” the complaints continue to focus on the “selection” of numbers to be dialed, i.e.: “To transmit the above telephonic sales calls, Defendant utilized a computer software system that automatically selected and dialed Plaintiff’s and the Class members’ telephone number.”

The concept is that in a blast text campaign the system is determining the order in which to send texts. While there is no case law on this given the extremely broad autodialer definition in the Florida’s Mini TCPA, these allegations are likely to find pay dirt.

So we have an interesting dichotomy arising in TCPAWorld: text messages are the safest channel under the TCPA right now, but appear to be the most dangerous/causing the most lawsuits under the Florida bill.

One other interesting take away–I have not seen any claims brought under Florida’s amended 501.616 related to call volumes and call timing. Presumably the Plaintiff’s lawyers have all read my articles and agree there is no private right of action for such violations.

For the curious here are a few recently-filed complaints. Obviously none of the allegations in these complaints have been proven true and they might all be baloney. But I know this stuff is important to all of you so I figured I’d share a few so you can get a sense of the claims and allegations.

Notice, also, that a ton of different verticals are getting hit here:

Alvarez v Sunshine – complaint Miami Dade 2021 20996 CA 01

Feliz v 1 Up – complaint – 2021-21283-CA-01 Miami Dade

Feliz v Athleticsfit – complaint 2021-21285-CA-01 Miami Dade

Feliz v International Travel – complaint 2021-21284-CA-01 Miami Dade

Gomez v Quality home – complaint – 2021-21338-CA-01 Miami Dade

Grieben v Fashion Nova – complaint – Miami Dade 2021-21071-CA-01

Our office has already been very busy defending the first wave of these suits, with the Marchioness leading the charge.

Tip of the spear, and all that.

Always here if you need us, and always happy to chat.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 266
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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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