As TCPAWorld dwellers know, the recent amendments basically killed the Florida Telephone Solicitation Act.

But it appears that a new set of claims may be on the horizon to keep the FTSA alive!

A plaintiff is attempting to bring a new claim under the FTSA alleging that the Defendant violated the FTSA’s Caller ID Rules. The complaint in Garcia v. Strike Gear LLC d/b/a Torch Eyewear was filed in the Ninth Judicial Circuit in and for Orange County, Florida.  

According to the Plaintiff, violations of the FTSA Caller ID Rules do not require notice and an opportunity to cease as required by the recent amendments.

Plaintiff contends that the Caller ID Rules are a critical provision of the FTSA that are designed to ensure that when Telephonic Sales Calls are made, the phone number transmitted to the recipient’s Caller ID service can be both viewed and called back by the consumer.  

Put simply, the Florida Legislature has mandated that when callers make Telephonic Sales Calls to consumers, they at the very least must transmit to the consumer’s Caller ID service a telephone number that can be viewed and is capable of receiving telephone calls. 

It will be interesting to see this case unfold. We will follow up and keep you posted.