June 28, 2022

Volume XII, Number 179

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June 28, 2022

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June 27, 2022

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What Uncertainty?: Florida Mini-TCPA Filings Still Flooding In Despite Potential Changes to the Law

As the Viscountess just reported this morning, there is a bunch of upheaval in Florida over the fate of the Mini-TCPA. It is either being reigned in (Senate proposal) expanded (House proposal) or neither (if no compromise can be reached.)

Tellingly, the Plaintiff’s bar has not slowed down for a moment in pursuing their Mini-TCPA filings. Here’s a few of the recent filings for the curious (and you’re all curious):

LARISSA SILVEIRA VS HS IP LLC – complaint 2022-3071-CA-01 Miami Dade

  1. Workout and leisure apparel brand.

  2. Texts

  3. Shamis and Edelsberg

CHRISTOPHER JACOBI VS IMAGE MAKERS.COM, CORP. – complaint – 2022-2930-CA-01 Miami Dade

  1. Med spa that specializes in beauty and aesthetic treatments and procedures.

  2. Texts

  3. Shamis and Edelsberg

JUAN GOMEZ VS VORO LLC – complaint – 2022-2992-CA-01 Miami Dade

  1. Online real estate brokerage.

  2. Texting.

  3. Shamis and Edelsberg.

Mitchen v Sigma Enterprises 2022CA000143 – complaint Martin County

  1. Online sale of beauty supplies

  2. Texts

  3. Manny Hiraldo

MARIO GUERRA VS NEW YORK TRIBECA GROUP LLC – complaint – 2022-2802-CA-01 Miami Dade

  1. Lending

  2. Texts

  3. Manny Hiraldo

As you can see the cases are largely focused on text messaging. Every vertical is in the crosshairs.

As a reminder, under the current version of the Florida Mini-TCPA (FTSA) virtually every call or text made for marketing (broadly defined) purposes needs to be made with express written consent–this includes calls to landlines and potentially texts to business cell phones. And there IS NO EBR DEFENSE.  A private right of action exists–and class actions are permitted–with damages of $500-$1,500.00 a call. Currently, only human selection systems are safe to use in Florida without consent, and its all just bad news. (And now Oklahoma is jumping on the bandwagon!)

Thanks to the Baron for keeping an eye on these filings. We’ll continue to follow these developments.

© 2022 Troutman FirmNational Law Review, Volume XII, Number 53
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About this Author

Eric Troutman TCPA Lawyer Troutman Law Firm Orange County, CA
Founder

Eric J Troutman is known as 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. Eric also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric's perspective allows him to...

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