The FTSA (Florida Telephone Solicitation Act ) provides consumers with a powerful means of legal recourse to these violating calls and texts. Consumers have the right to file a lawsuit for each violation, where they were contacted without prior express written permission.
You may be able to recover $500 for each call or text which violates the FTSA. These amounts can be tripled to $1,500 if the call was a willful violation of the law.
If you are receiving calls or texts in violation of the FTSA, you should keep a written record of the contact and tell the caller to stop. A best practice is to take a screenshot of the call or text.
Marcus & Zelman has a wealth of experience representing people who have received unwanted calls and texts nationwide, and have helped consumers like you recover thousands of dollars for telemarketing violations. We are here to help you with a FREE assessment of any potential lawsuits you may be able to bring.
No. The FTSA prohibits ANY voice or text communication made through an auto-dialer to a person’s phone, unless that person first gave prior express written permission to be contacted. The law applies to any company that uses an auto-dialer to make these calls or texts for “consumer goods or services”.
The FTSA has strict guidelines for what consent makes it okay to market to you with calls or texts. “Prior express written consent” requires 1) your signature; 2) a clear disclosure that the agreement is for marketing calls and texts; 3) your telephone number; and 4) a clear disclosure that you are agreeing to be marketed to AND that you are NOT required to agree to complete a purchase for any goods or services.
If any of these elements are missing, you may have a claim for a violation of the FTSA for any texts or calls.
Yes. The FTSA requires companies to cease calling or messaging a number after the consumer has communicated that they do not want to be contacted. Basically, under the FTSA, STOP means STOP.
If you’ve told a company you do not want to be contacted anymore and they have not listened, you may be entitled to recover damages for each and every message or call after you requested that they stop.
Yes. If the text message was sent with an autodialer, you may be able to obtain a monetary recovery for each and every message.
Every call or text message that violates the FTSA means recoverable damages for a consumer. The FTSA calls for $500 for each call or text which violates the FTSA. These amounts can be tripled to $1,500 if the call was a willful or knowing violation of the law.