While the U.S. Supreme Court may have narrowed the scope of the Telephone Consumer Protection Act, a bill passed by Florida lawmakers supplies potential plaintiffs with a potentially more expansive independent private cause of action grounded upon Florida state law, according to an analysis in Law 360.
Earlier this year, the Florida Legislature passed identical bills amending the Florida Telemarketing Act, otherwise known as Florida’s mini-TCPA. According to the authors, this legislation will create uncertainty and make SCOTUS’ interpretation of what constitutes an autodialer inapplicable in the Sunshine State.
According to the analysis, these latest legislative developments pave “the way for a tidal wave of lawsuits grounded upon state law and bestow[ ] aggrieved parties with an independent private cause of action under Florida law, even if the path under the federal TCPA appears to be narrowing.”
Jennifer Olmedo-Rodriguez, managing shareholder of the Miami office at Buchanan Ingersoll & Rooney PC; Patrick Doran, counsel at the firm, Sandra Ramirez, associate at the firm, and Samantha Southall, a shareholder at Buchanan Ingersoll, contributed to this analysis.