b'as an ATDS only if it uses a random or sequential numbertelemarketing calls to Florida residents, in two important generator to produce or store telephone numbers to beways. First, the amendments reduced the hours during called, and then dial. Other circuit courts (Second, Sixthwhich a company can make a commercial solicitation and Ninth) had adopted a broader definition and heldcall. The previous hours, which did not allow unsolicited that equipment qualifies as an ATDS if it automaticallytelemarketing calls between 9:00 pm to 8:00 am, dials numbers from a stored list. In a decision largelybecame 8:00 pm to 8:00 am under the revised statute. based on grammatical and statutory interpretation, theFla. Stat.501.616(6)(a). Second, the amendments limited Supreme Court found that the narrower interpretationthe number of unsolicited telemarketing to no more than better matched the scope of the TCPA, and thethree calls to one person in 24 hours, regardless of any problems caused by autodialers that Congress soughtparticular phone number called. Fla. Stat.501.616(6)to address. Duguids interpretation, on the other hand,(b). Further, the amendments added an anti-spoofing would encompass any equipment that stores and dialsprovision, punishable as a misdemeanor, that prohibits telephone numbers, including virtually all modern cellcompanies from using technology that deliberately phones. Notably, following the Duguid decision, thedisplays a different caller identification number than the number of new TCPA cases alleging violations of thenumber the call is originating from to conceal the true ATDS provision has precipitously declined. identity of the caller. Fla. Stat.501.616(7)(b).Florida Tightens Telemarketing Restrictions In WakeThe other new component of the law, however, mirrored of Supreme Court Ruling the TCPA: It created a private cause of action that On July 1, 2021, Florida enacted a new law, Senateallows individuals to get $500 per violation of Floridas Bill 1120 or the Florida Robocall Bill, containing tighterautomated system and prerecorded call prohibitions, restrictions on telemarketing calls and texts to Floridawhich can be tripled to $1,500 for willful or knowing residents than those under the TCPA, including as toviolations. Fla. Stat.501.059(10). And the plaintiffs bar calls and texts made with automated technology.has taken notice, with no less than a half-dozen class actions filed under the new law in the first two months Under the Supreme Court ruling in April, an ATDSsince its passing. for the purposes of the TCPA is a device [with] the capacity either to store a telephone number usingFCC Issues Two Year-End TCPA Orders to Place New a random or sequential generator or to produce aLimitations on Automated & Prerecorded Callstelephone number using a random or sequentialIn December, the FCC issued two orders, FCC 20-186 number generator. The Florida acts automated(Section 8 Order) and FCC 20-187 (Call Blocking Order), system, by comparison, is broader than the TCPAsto implement certain restrictions on existing exemptions ATDS, because it is not limited to just systems thatto the provisions of the TCPA relating to automated calls, store or produce a phone number using a random ortext messages, and certain calls to residential landlines, sequential generatorit includes systems that dialand to expand its efforts to allow telephone carriers to numbers or select numbers in an automated manner.block what the FCC describes as illegal robocalls. The Specifically, an automated system is defined under theFCCs orders implemented and expanded upon Section new Florida law as one that is used for the selection8 of the Pallone-Thune Telephone Robocall Abuse or dialing of telephone numbers or the playing of aCriminal Enforcement and Deterrence Act (TRACED Act), recorded message. Fla. Stat.501.059(1)(g)(1).which requires that, for any exemptions granted pursuant Additionally, the new Florida law amended theto TCPA Sections 227(b)(2)(B) and (C), the FCC must preexisting Florida Telemarketing Act to further restrictdefine requirements for who may make such calls, who when and how many times a company can makemay be called, and the number of such calls that a calling party may make to a particular called party. 25'