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How The TCPA/FTSA Protects You Against Spam Calls

Jan 03, 2023
Shamis & Gentile, P.A.
How the TCPA_FTSA protects you against spam calls

Have you received an unwanted spam text message or call? Under the TCPA/FTSA laws, you now have the right to take action against spam callers or text messages that you did not consent to. If you are a victim of spam calls or texts, you can not only stop the perpetrator, but you can also claim damages. 

Although this may sound easy, it can be complicated to prove your privacy is being violated without a legal team by your side. In this blog, you will learn more about the TCPA/FTSA laws and how you can take action against spammers.

TCPA/FTSA Law Explained

Telemarketers are notorious for sending unwanted texts to consumers. Unwanted messages, phone scams, and spam calls are more than just an inconvenience. They can violate your privacy, lead to unwanted expenses, or even lure consumers into a phishing scam. 

The Florida Telephone Solicitation Act (FTSA) contained in the Telephone Consumer Protection Act (TCPA) was formed to ensure that telemarketers comply with the rules for effective conduct, including:

  • Only contacting recipients between the hours of 8:00 a.m. and 9:00 p.m.
  • Restricting any auto-dialed marketing calls and texts that charge the recipient.
  • Ordering callers to identify themselves, which includes all callers stating their name, the name of their company, and a telephone number or address to contact them again.

All businesses and entities need to comply with the law in Florida, and no business may send a pre-recorded message, an automatic dialing call, or even a fax without the consumer’s consent.

How The TCPA/FTSA Influenced Telephonic Spam Calls

With the introduction of the law, all businesses and entities had to follow the restrictions that were applied to them immediately. The TCPA/FTSA led to several telemarketing litigation cases within weeks of being introduced into law. It was argued that the term “autodialers” was ambiguous under the act, which led to consumers taking action against all forms of suspicious communication. The result was an increase in litigation cases and more spam reporting.

With the increase in cases, federal courts and state courts had to set their own evidentiary rules to govern the law, which led to companies hiring more litigation counsel to defend themselves. What we learned from the FTSA class action filings, however, is that companies need to follow good business practices to comply with the act, including:

  • Ensuring all terms and conditions are clear so that consumers do not opt-in for any unwanted calls that target unsuspecting victims.
  • A consumer cannot receive a suspicious text message, call, or email without express written consent. 
  • Companies without proof of consumer opt-in can be taken to court for violating the law against spam messages and phone scams.
  • All third-party marketing companies and major carriers also need to follow the law.

What Can I Do About Spam Calls?

According to the FTS, you have the right to act against illegal spam. As a victim of fraudulent spam, you can receive statutory damages between $500 and $1,500. The amount is for each telemarketing call or spam text claim that violates the provision. 

Although you do have the right to claim damages, it can be difficult to prove a violation as the act is ambiguous. Telemarketing litigation, therefore, needs to be done by an experienced litigation team that knows to help you to build a case and prove a violation. 

How Will Shamis & Gentile, P.A., Help Me?

If you are a victim of spam calls or texts, look no further. Our experienced team at Shamis & Gentile, P.A. can help you claim damage for a suspicious message, call, or communication. Remember to always keep a record of the call or text and send us a screenshot. We provide a free consultation for your potential case, and we’ll be happy to let you know what further actions are required from you.

Find out more about the TCPA/FTSA by contacting our attorneys today!

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