The Florida Collectors Association worked with bill sponsors on S.B. 1120 to ensure it did not impact accounts receivable management industry calls to consumers while protecting callers. Similar advocacy on the Telephone Consumer Protection Act continues at the federal level. Editor’s note: This article is available for members only.
7/12/2021 10:00
Florida’s stricter restrictions on telemarketing calls are now in effect through S.B. 1120, however—thanks to advocacy from the Florida Collectors Association—the amended law does not change any existing exemptions for debt collection calls.
The law, “prohibiting certain telephonic sales calls without the prior express written consent of the called party; removing provisions authorizing the use of certain automated telephone dialing systems; providing a cause of action for aggrieved called parties; prohibiting a commercial telephone seller or salesperson from using automated dialing or recorded messages to make certain commercial telephone solicitation phone calls, etc.,” was signed by Gov. Ron DeSantis June 29 and went into effect July 1.
Amendments to the law surfaced after the U.S. Supreme Court’s decision on the definition of an automatic telephone dialing system in Facebook v. Duguid, holding that, “To qualify as an ‘automatic telephone dialing system’ under the TCPA, a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.”
“The advocacy work on this bill was not the result of a single meeting, but rather a result of year over year relationship building with the legislative leaders in Florida,” said Jack Brown III, president of Gulf Coast Collection Bureau. “The Florida Collectors Association has worked with the bill sponsors over the past several years. The long-term relationship ensured the sponsor of the bill was up to speed on the challenges our industry faces in connecting with consumers; that the complaints about robocalls are generally not directed to callers with a pre-existing business relationship but rather unsolicited calls. With that background understanding, the sponsor was able to narrowly tailor his bill to address the concerns of his constituents without infringing on the existing business relationship between a creditor and its customer while still offering the protections the constituents in Florida were looking for.”
The following are sections of the law reviewed by ACA’s compliance team for changes:
501.059(1)(g) — recodified as 501.059(1)(j)
Definition of “Telephonic sales call” (No changes.)
“Telephonic sales call” means 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.
501.059(1)(f) — recodified as 501.059(1)(i)
Definition of “Telephone solicitor” (No changes.)
“Telephone solicitor” means a natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call, including, but not limited to, calls made by use of automated dialing or recorded message devices.
501.059(1)(h) – recodified as 501.059(1)(k)
Definition of “Unsolicited telephonic sales call” (No changes—emphasis added on definitions that apply to the ARM industry.)
“Unsolicited telephonic sales call” means a telephonic sales call other than a call made:
1. In response to an express request of the person called;
2. Primarily in connection with an existing debt or contract, if payment or performance of such debt or contract has not been completed at the time of such call;
3. To a person with whom the telephone solicitor has a prior or existing business relationship; or
4. By a newspaper publisher or his or her agent or employee in connection with his or her business.
Definitions added to 501.059(1):
- “Called Party”—regular user who receives “telephonic sales call.”
- “Prior Express Written Consent”—authorizes “telephonic sales call” via phone, text, or voicemail.
ACA’s compliance team also reviewed ACA SearchPoint document #2308, State Laws Governing the Use of Automated Dialing and Announcing Devices (ADADs), following the passage of S.B. 1120, and noted changes in the definitions in the law do not apply.
Federal Advocacy on the TCPA
At the federal level, ACA’s advocacy team continues to meet with legislators on Capitol Hill about modernizing the TCPA following the Facebook v. Duguid decision.
The outcome from the advocacy on S.B. 1120 in Florida is another step forward in ACA’s efforts to seek clarity on the TCPA. It also adds to ACA’s strengths in ensuring the TCPA’s definition of an ATDS continues to incorporate the need to reach consumers in the way they want to be communicated with and about topics of concern to their finances and health.
ACA has also been advocating with the Federal Communications Commission, Congress, and at the Supreme Court to take action to resolve this issue and limit needless litigation in this area, ACA previously reported.