On May 2, the Florida Legislature passed amendments that would substantially alter the Florida Telephone Solicitation Act (FTSA) by narrowing the scope of the FTSA as well as creating additional obligations for consumers seeking relief under the act. Among other changes, the proposed amendments would (1) limit the definition of what constitutes an autodialer by requiring a platform to both automatically select and dial numbers to trigger liability, (2) allow calls and messages to consumers with whom the solicitor has an established business relationship or in response to an inquiry, (3) require consumers who receive a text message in violation of the FTSA to reply "STOP" prior to filing suit, and (4) provide text message solicitors a 15-day safe harbor period after receiving a "STOP" message.
These proposed changes would be retroactive for all uncertified FTSA class actions but not for individual claims. If signed by Gov. Ron DeSantis, these amendments will take immediate effect and will not only change the requirements for individuals pursuing FTSA claims, but will also have a potentially significant impact on pending FTSA class actions. Companies engaged in telephone solicitation in the state of Florida should pay close attention to these potential amendments and continue to ensure that their telemarketing activities strictly comply with the FTSA as well as its federal counterpart, the Telephone Consumer Protection Act.
Day Pitney Litigation Partner Stephen Catanzaro and Litigation Associate Erin Hodgson authored the article "Appellate Division Rejects Objectors' Attempt to Challenge Development Approvals," for the New Jersey Law Journal.
Day Pitney Florida Offices Managing Partner Manuel Garcia-Linares has been appointed to chair the firm's Litigation department. The news was featured in Miami Today.
Day Pitney's Executive Committee, Executive Board and department leadership changes were featured on CityBiz.
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Day Pitney's Executive Committee, Executive Board and department leadership changes were featured in Law360 Pulse.
Day Pitney Litigation Partner Georgia Thompson was featured in the Daily Business Review article on the Florida Legal Awards' On The Rise Honorees.
Day Pitney Partners Stephen Catanzaro, Laurence Smith, and Elizabeth Yoo were featured in New Jersey Law Journal's 2024 New Partners Yearbook, which highlights partners, including lateral partners, made or hired at New Jersey firms.
Day Pitney Litigation department chair Manuel Garcia-Linares was featured in a Daily Business Review Q&A about his most significant achievements in the past year.
Day Pitney Litigation Partners Gregory Bruno and Alfred W.J. Marks authored "Don't Believe Everything You Read Online: Recent Sanctions Decision Offers Cautionary Tale of Generative AI Risks" for the New York Law Journal's Special Litigation Section.
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