The Federal Trade Commission (FTC) "Telemarketing Sales Rule" is the primary federal law governing telemarketing calls. (16 C.F.R. §§ 310.1 and following). Perhaps the most critical aspect of this law prohibits telemarketers from calling phone numbers registered on the national do not call registry, which the FTC administers.
Florida maintains a do not call list in addition to the national do not call registry. Opting into the Florida do not call list protects you from receiving unsolicited telephone sales calls (telemarketing calls) on your residential phone, cell phone, or mobile paging device.
How Do I Register for the Do Not Call List in Florida?
The Florida Department of Agriculture and Consumer Services (DACS) maintains Florida's do not call list. Here are the two ways you can get your number on the list:
- Notify the DACS that you don’t want to receive unsolicited sales calls. You can sign up by filling out a form on the Florida Do Not Call Program website. Initially, registration on the Florida do not call list lasted for five years. Now, registrations don't expire.
- Sign up with the federal do not call registry. Florida law requires the DACS to include any numbers related to Florida listed on the FTC do not call registry. Your phone numbers will remain on the federal list indefinitely.
You don’t have to pay a fee to sign up for either of these lists.
Calls and Sale of Numbers Prohibited
Under Florida law, if your number is on the do not call list, a telephone solicitor can’t call you (or have someone else call you on its behalf) to sell you goods or services, or to solicit the extension of credit for consumer goods or services, if the call is unsolicited. (Fla. Stat. § 501.059 (2024).)
Here's what that means: A call is considered “unsolicited” if it isn’t in response to your request and if you haven’t done business with the company in the past. There are a few exemptions, but most don’t involve actual sales activities. Also, any person who offers for sale or sells consumer information in Florida, which includes telephone lists (other than telephone directories or certain information provided by nonprofit corporations), must exclude numbers on the Florida do not call list.
Florida Law Restricts Autodialer Calls
Also, as of July 1, 2021, Florida law requires callers to get prior express written consent before placing a "telephonic sales call" using an autodialer. The law defines a telephonic sales call as "a telephone call, text message, or voicemail transmission to a consumer for the purpose of soliciting a sale of any consumer goods or services, soliciting an extension of credit for consumer goods or services, or obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes." (Fla. Stat. § 501.059 (2024).)
The "prior express written consent" must include:
- the signature of the called party
- clear authorization for the placement of a call, text, or voicemail using an autodialer
- the authorized number to which a telephonic sales call can be delivered, and
- clear and conspicuous disclosures that the called party is authorizing automated communications and about the called party's right to withhold consent. (Fla. Stat. § 501.059 (2024).)
Allowed Calls Under the Florida Do Not Call Law
The Florida do not call law allows certain kinds of calls even if you're on the list. These include:
- Calls from businesses that you have dealt with previously. If you have had prior dealings with a company, they can call you to solicit additional business from you.
- Calls responding to your requests for information. If you fill out a contact sheet on the internet or call a business and leave your phone number so that someone can contact you with information, the business is allowed to return your call to try to sell their product or service to you.
- Calls from newspaper publishers in connection with their business.
- Calls from real estate agents responding to yard signs or other advertisements you have placed.
- Calls that relate to an existing contract or debt obligation if payment or performance of the debt or contract hasn’t been completed at the time of the call.
- Calls that aren’t selling a product or service.
How Businesses Find Out You’re on the List
Anyone who solicits sales over the telephone and isn't exempt under the law must make sure you’re not on the do not call list before making an unsolicited sales call to you. The telephone solicitor can get the list from the Florida DACS.
The DACS updates the list quarterly, and sign-up deadlines control how quickly your number is added to the list. If a solicitor makes a call between the time you sign up and the time the list is updated, it hasn’t violated the law.
Penalties for Violations of the Florida Do Not Call List
If you enter into a contract as a result of a call that violates the Florida do not call law, the contract isn’t valid. The law also provides penalties in the form of civil fines that go to the state. The DACS might also obtain a court order against the violator, which might severely limit or effectively suspend the violator’s business operations.
As of July 1, 2021, Florida law creates a private right of action for violations of the Florida do not call law, including using an autodialer to call a consumer without prior express written consent and failing to follow do not call requests or avoiding calling numbers on the Florida do not call list. If a caller violates the law, you can ask a court for an injunction or recovery of your actual money damages or $500, whichever is greater, with the possibility of damages up to $1,500 for willing or knowing violations. You can also probably recover attorneys' fees. (Fla. Stat. § 501.059 (2024).)
Filing a Complaint If a Telemarketer Violates the Law
If you’re on the Florida do not call list and receive an unsolicited sales call in violation of the law, you can report the violation to the Florida DACS. It will be helpful to the DACS if you can obtain as much of the following information as possible at the time of the sales call, including:
- the company's name
- the caller's name
- the caller's business address
- the caller's business phone number
- the date and time of the call, and
- information about the products or services the caller offered.
Talk to a Lawyer
If you want to learn more about your rights under Florida's telemarketing and do not call laws, or if you need help getting out a contract that you entered into after receiving a telemarketing call in violation of Florida’s do not call law, consider talking to a local consumer protection attorney.