WOW!!: Amended Florida Bill Would Apply RETROACTIVELY to Destroy Pending Mini TCPA Suits!

January 20, 2022

Wow. This is just huge news.

I broke the news last week that the Florida legislature is considering a massive fix to the Mini-TCPA mess. Specifically the legislature is looking at narrowing the definition of Florida’s “autodialer” law to apply to systems that automatically select numbers AND dial them and not just systems that automatically select numbers OR dial them.

Well today a new amendment to that amendment is out and one with incredible potential impact–it would make the revised law apply retroactively!!!

Here’s the language:

The amendments to s. 501.59, Florida Statutes 89 are intended to be remedial in nature, apply retroactively to July 1, 2021, and to any proceeding commenced on or after July 1, 2021.

Wow. Wow. Wow.

So if this passes, not only would future calls be exempted from the currently-broad law but any calls made now would also be safe. And any calls that are the current subject of the avalanche of Mini-TCPA suits plaguing the state–at least those based on the broad autodialer definition–would be completely neutralized.

Obviously this opens up a number of avenues for defendants facing mini-TCPA suits–moving to stay seems like a pretty good idea–and this amendment poses a huge detriment to Plaintiff’s lawyers who were looking to profit off the new Florida law.

Full amendment here: Amendment

We’ll keep a very close eye on these developments and report everything we can even as we help press for these positive changes to the law.

Now I really need to get some work done.

© Copyright 2022 Squire Patton Boggs (US) LLP
National Law Review, Volume XII, Number 20