In the Press
March 10, 2023

Mini-TCPA Laws You Should Know and That May Be Coming Soon in 2023 (Westlaw Today)

In April 2021, the US Supreme Court issued its decision in Facebook v. Duguid narrowly construing the Telephone Consumer Protection Act’s (TCPA) “automatic telephone dialing system” definition. In so doing, the Supreme Court effectively brought an end to the flood of TCPA lawsuits alleging violations of the statute’s restrictions on calls and texts made with an autodialer. Just two months later, however, Florida responded to the Supreme Court’s decision by enacting a “mini-TCPA” that broadly (and vaguely) restricts certain telemarketing calls and texts made to Florida residents (and other persons in Florida) using an “automated system for the selection or dialing of telephone numbers.” The effect in Florida has been a substantial uptick in lawsuits targeting allegedly unwanted telemarketing calls and texts made with an autodialer. Financial Industry Litigation partner Brooks Brown, Consumer Financial Services Litigation partners Kyle Tayman and Christina Hennecken, and Litigation explain more in Westlaw Today.