New Florida TCPA Filings

So we’re monitoring all the brand new Florida filings each day. I’m not posting all of them for a wide range of causes however figured I’d offer you a fast replace on the tendencies we’re seeing.

First the circumstances overwhelmingly contain textual content messages and are primarily focused at low cost textual content golf equipment and promotional texts. Most seem like textual content packages that companies are utilizing to speak with present prospects. However beneath Florida legislation, after all, there isn’t a EBR or inquiry protection anymore. So you might be NOT free to textual content your present buyer promotional supplies utilizing an “autodialer.”

By way of what constitutes an “autodialer” the complaints proceed to concentrate on the “choice” of numbers to be dialed, i.e.: “To transmit the above telephonic gross sales calls, Defendant utilized a pc software program system that robotically chosen and dialed Plaintiff’s and the Class members’ phone quantity.”

The idea is that in a blast textual content marketing campaign the system is figuring out the order through which to ship texts. Whereas there isn’t a case legislation on this given the extraordinarily broad autodialer definition within the Florida’s Mini TCPA, these allegations are more likely to discover pay dust.

So we have now an fascinating dichotomy arising in TCPAWorld: textual content messages are the most secure channel beneath the TCPA proper now, however seem like probably the most harmful/inflicting probably the most lawsuits beneath the Florida invoice.

One different fascinating take away–I’ve not seen any claims introduced beneath Florida’s amended 501.616 associated to name volumes and name timing. Presumably the Plaintiff’s attorneys have all learn my articles and agree there isn’t a non-public proper of motion for such violations.

For the curious listed below are a number of recently-filed complaints. Clearly not one of the allegations in these complaints have been confirmed true and so they would possibly all be baloney. However I do know these things is necessary to all of you so I figured I’d share a number of so you will get a way of the claims and allegations.

Discover, additionally, {that a} ton of various verticals are getting hit right here:

Alvarez v Sunshine – grievance Miami Dade 2021 20996 CA 01

Feliz v 1 Up – grievance – 2021-21283-CA-01 Miami Dade

Feliz v Athleticsfit – grievance 2021-21285-CA-01 Miami Dade

Feliz v Worldwide Journey – grievance 2021-21284-CA-01 Miami Dade

Gomez v High quality residence – grievance – 2021-21338-CA-01 Miami Dade

Grieben v Vogue Nova – grievance – Miami Dade 2021-21071-CA-01

Our workplace has already been very busy defending the primary wave of those fits, with the Marchioness main the cost.

Tip of the spear, and all that.

At all times right here in the event you want us, and at all times comfortable to talk.

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