A recent decision out of the U.S. District Court for the Middle District of Florida was very favorable for businesses defending Florida Telephone Solicitation Act (FTSA) and Florida Telemarketing Act (FTA) claims. The decision in Adams v. Safelite Group reinforced the May 2023 FTSA amendments, particularly the text message “STOP” safe harbor provision, which applies to uncertified putative class actions pending when the amendments took effect. Additionally, the court have clarified critical points regarding FTSA and FTA claims: for an FTSA claim to proceed, plaintiffs must specifically allege they replied “STOP” to any unsolicited message before filing suit, as this opt-out action is now a prerequisite under the amended FTSA; the FTA’s definition of “commercial telephone solicitation” applies only to communications inviting a telephone response or followed by a sales call, thereby excluding text messages without such elements.

These rulings impose stricter pleading requirements for plaintiffs and limit the scope of qualifying communications, providing companies with robust defenses against FTSA and FTA claims. Let’s delve into this decision and their implications for defending FTSA and FTA class actions, whether newly filed or still pending.