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Florida lawmakers pass bill likely to increase robocalls and automated texts

Critics say new bill is bad news for Floridians, proponents of new robocall bill say it will curb frivolous lawsuits.
Robodialing
Posted at 10:00 AM, May 10, 2023
and last updated 2023-05-10 20:03:55-04

TAMPA BAY, Fla. — Robo-dialers made 1.4 billion calls to Florida residents, about 77 per person so far this year, according to data from YouMail Inc's "Robo Call Index." The figure is staggering but nowhere near on pace to hit the 4.1 billion made to Floridians in 2021.

Why? Because Florida lawmakers passed the 2021 Telemarketing Act to help protect residents from robo-dialers. But now, lawmakers voted in favor of a new bill that would make it easier for these same companies to legally call and text you.

Consumer Attorney Billy Howard said the bill eliminates the written consent clause in the current law.

“It blows up the whole consent law. You really don't need consent," he said. "They can send the text messages as much as they want.”

South Tampa resident Sean Bradley recently received 79 telemarketing calls in a single day after applying for a mortgage. Bradley, who was at work at the time, described it as being disruptive and "extremely aggravating."

Bradley is considering legal action since most of those calls were made without his written consent, as required under the current law. He opposes any new legislation that would make it legal to robo-dial consumers.

“I don’t understand why anyone would allow a bill or want to allow a bill like this to go through,” he said.

If the Governor signs HB 761 into law, robo-texters would have up to 15 days to stop texting after you text back the word “stop."

Proponents of the measure said it would reduce litigation filed against telemarketers under the Florida Telephone Solicitation Act. Under the statute, consumers can sue telemarketers who violate the law and "recover actual damages or $500, whichever is greater."

Bradley described the bill as "absurd," saying that any law that allows even more spam to come into his phone deserves to be vetoed when it lands on the governor's desk.

Governor DeSantis has not said whether he will sign the bill into law. You can contact the governor here and let him know how you feel about HB 761.