Plaintiff’s firm issues press release to solicit FTSA claims – and you know what that means – TCPAWorld
So another applicant’s shop seeks to cause a stir in Florida Mini-TCPA claims and has issued a press release to drive away potentially interested applicants.
Here’s what they had to say:
MIAMI, April 20, 2022 /PRNewswire/ — florida version of the TCPA, the Florida Telephone Solicitation Act (“FTSA”), will remain unchanged for at least one year. House Bill 1095 and Senate Bill 1564, proposed amendments that would limit the FTSA’s effective protections, have been “indefinitely deferred and withdrawn from consideration.” As a result, the FTSA remains a broader scrutiny of companies’ marketing practices than its federal counterpart.
With bills filed, consumers have a stronger basis to pursue legal action for these unwanted messages. JMG Law Group, PLLC and Marcus & Zelman, LLC are teaming up to help you. Contact us at info@JMGLawGroup.com
The FTSA gives consumers a private right of action against companies that send marketing messages without proper consent. Under the unamended version of the FTSA, any marketing phone call or text message offering goods or services that is made without first obtaining the express written consent of the receiving party is an actionable violation. in justice. As the FTSA only came into effect last July, many companies have yet to appropriately update their messaging disclosures to meet the FTSA’s standard for prior express written consent. To be valid, the consent must:
- include the signature of the called party;
- clearly authorize the method of transmission of marketing messages;
- include the number authorized for marketing; and
- must have a clear and conspicuous disclosure that: 1) the party authorizes the receipt of marketing messages and 2) acceptance of such marketing is not a condition of purchase of goods or services.
If these conditions are not met, consent is do not valid. Any infringing message grants the receiving party a private right of action for “actual or $500, whichever is greater. And with invoices deposited indefinitely, consumers can feel more secure in their rights against unwanted marketing.
If you have received marketing messages such as consumer phone calls or text messages, JMG Law Group & Marcus & Zelman, LLC can help you obtain any compensation you may be entitled to. Contact us with your spam texts at info@JMGLawGroup.com for a free consultation.
SOURCE Marcus and Zelman LLC; JMG Law Group LLC
Obviously, in issuing this press release, I don’t agree with anything these people have said. I just realized that I would point out that a new avalanche of these cases is undoubtedly in sight. Look for.
And yes, it seems to be the same holding that case you’re thinking of.
Too bad the Florida Legislature didn’t fix this when it could have. This genie is about to pop out of the bottle folks…