Skip to content
Coverage

Unwanted calls

Florida Telephone Solicitation Act

Sub-nationalUS-FLRead off primary law

Florida, United States

Rule id
calls.us-fl
Version
1.0.0
In force from
July 1, 2021
Last read against its sources
August 5, 2026
Countries bound
United States

In plain language

What this regime says.

Florida Telephone Solicitation Act is a state analogue to the federal TCPA. The FTSA reaches calls and texts made using an automated system, without the federal "more than one call in twelve months" element, and Florida also runs its own do-not-call list and restricts solicitation to between 8 a.m. and 8 p.m. local time — tighter than the federal 8 a.m. to 9 p.m.

Who is covered

People receiving unwanted marketing calls or texts on a Florida number.

What you get

USD 500 per violation, up to 3× for a wilful or knowing violation, plus an injunction.

Where claims go wrong

  • Assuming the state statute has the same elements as the federal one. Several deliberately do not, in both directions.
  • For TEXT MESSAGE claims: you must first reply "STOP", and then give the sender 15 days to stop. Only messages after that 15-day window are actionable. If you have not sent "STOP", send it now and diarise the date — this is a hard statutory gate added in 2023, not a formality.
The official claim route

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. Fla. Stat. § 501.059 (Florida Telephone Solicitation Act)Florida Statutes, Title XXXIII, Chapter 501URL verified 2026-08-05§ 501.059(8), (10)

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • Florida limitation period (4 years, assumed)Fatal if missedThe statute specifies no period of its own; Florida's general four-year catch-all for statutory liabilities, Fla. Stat. § 95.11(3), is the period usually applied. This was not independently verified.Fla. Stat. § 501.059 (Florida Telephone Solicitation Act) — § 501.059(8), (10)Limitation period

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

"It was not us, it was a lead generator"

high likelihood

We did not place that call. It was made by an independent marketing partner and we are not responsible for their conduct.

What answers it

The TCPA reaches calls made "on behalf of" a seller, and the FCC has long held that a seller can be vicariously liable on ordinary federal agency principles — actual authority, apparent authority, or ratification. Ask, in writing, for the identity of the lead generator, the contract governing the campaign, and the record of the consent they say they obtained for your number. A seller that took the sale but disclaims the call has to explain how it accepted the benefit without ratifying the conduct.

"You gave consent on a website"

high likelihood

Our records show you consented to receive marketing calls when you filled in a form on [some website].

What answers it

Then ask for the record. Prior express written consent has to be a signed agreement, identifying the seller, disclosing that signing authorises automated or prerecorded marketing calls to a designated number, and disclosing that signing is not a condition of purchase. Demand the actual capture: the URL, the timestamp, the IP address, the exact disclosure text shown, and the number entered. Very often the record is a purchased lead with none of this, or a number that is not yours.

"We were trying to reach someone else"

medium likelihood

This number was previously held by our customer. We had consent; we simply did not know it had been reassigned.

What answers it

Good faith about a reassigned number is not a defence once you have told them. Every call after your first "stop" or "wrong number" is knowingly made to a non-consenting party, and is the strongest part of your claim. Record the date you first told them.

"We have an established business relationship with you"

medium likelihood

You are an existing customer, so the do-not-call rules do not apply to us.

What answers it

The established-business-relationship exemption to the national registry is time-limited and defeasible: it runs 18 months from your last transaction, or three months from an inquiry, and it evaporates the moment you ask them to stop. It has never been a defence to the separate prohibition on prerecorded marketing calls without prior express written consent.

Where to take it next

  1. Written demand to the sellerRun the state claim in the same letter as the federal one. Two statutes with two damages provisions concentrate a recipient's attention considerably more than one.Claim directtypically 30 days
  2. Complain to the Florida regulator or Attorney GeneralFree, and it costs you nothing to run alongside a demand letter. State AGs bring the cases individuals cannot.Regulatortypically 90 daysofficial page
  3. Florida small claims courtBinding on themState statutory claims are well suited to small claims: no lawyer, low filing fee, and a judge in the same state as the statute. You need a named defendant with an address for service.Small claimstypically 120 days

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Other rights in the same countries

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.