July 29, 2021

Volume XI, Number 210

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Mini-TCPA Grounded?: Still No Action on Florida Robocall Bill and I’m Starting to Wonder Aloud

TCPAWorld is always so hungry for news.

Ever since we started talking about the Florida robocall bill suddenly everyone is so interested in the bill. There were precisely zero news stories on the bill until we brought it to everyone’s attention and now it's THE topic.

It's cool being me.

Anyhoo, the new story isn’t so much the new law it's the fact that the new law isn’t law yet. And it's getting a little weird.

So, as of noon Eastern Time today, the bill has not been presented to the Governor. 

That’s really off because the bill was enrolled on April 28

And in the meantime, DeSantis has received and signed many bills, including a bunch that appear to have been enrolled earlier. 

But no action yet on the mini-TCPA.

Since there was virtually no debate on the bill in the state legislature before it passed more-or-less unanimously–indeed it appears to have caught a bunch of businesses by surprise– DeSantis might be working channels here to delay the presentment of the bill until folks can actually think it through. (Once presented the bill automatically becomes law if not vetoed within 15 days.) Of course, I have no inside knowledge here and I am just wondering aloud.

As a reminder, the bill would strip businesses of the established business records and inquiry exceptions if an “autodialer”–whatever that means–is used to return phone calls to consumers. Express written consent is required and the “called party” is the user of the phone.

It's all bad, but–it's not law, yet.

Keeping a close eye, and all that. More soon. (Or maybe not…)

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 173
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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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