Over a half-a-dozen putative class action lawsuits have appeared in Florida courts alleging that businesses sent unwanted texts in violation of the new Florida Telephone Solicitation Act (FTSA). While text messages can be a great way to engage with prospects and customers, the FTSA is a regulation companies need to be mindful of when doing business in Florida—as evidenced by the slew of class action lawsuits filed under what has been dubbed Florida's mini-TCPA.  However, there is nothing "mini" about it. Businesses should act now to take compliance steps to reduce their FTSA class action exposure. This article provides useful strategies to defend and mitigate the risks of the FTSA.

For many Florida businesses, the fear of running afoul of federal anti-solicitation laws like the Telephone Consumer Protection Act (TCPA) was minimal. The types of sophisticated dialing systems subject to the TCPA were rarely used outside of large-scale call center operations and "outs" like the prior business relationship exception were broad enough to ease even the most troubled minds.