In short: The federal TCPA bars autodialed or prerecorded calls and texts to your cell phone without your consent, and telemarketing to numbers on the Do Not Call list. You can revoke consent by any reasonable means. Damages are $500 per violation, up to $1,500 if willful. Florida’s Telephone Solicitation Act adds state rules, narrowed in 2023.
Robocalls are the top consumer complaint in the country. The Telephone Consumer Protection Act (47 U.S.C. § 227) gives you a private right to sue, but it is narrower than most people think.
What the TCPA Covers
- Cell phones: calls or texts made with an automatic telephone dialing system or an artificial or prerecorded voice require your prior express consent. Telemarketing requires prior express written consent.
- Home lines: prerecorded telemarketing calls require consent.
- Texts count as calls under the TCPA.
- Do Not Call: telemarketers may not call numbers on the National Do Not Call Registry. You can sue after more than one call in 12 months from the same seller.
What It Doesn’t Cover Well
In Facebook, Inc. v. Duguid (2021), the Supreme Court held that an "autodialer" must use a random or sequential number generator. Many modern dialing systems don’t, so live-agent or click-to-dial calls often fall outside the autodialer rule. Prerecorded or artificial-voice calls are still covered. And the Do Not Call list stops sales calls, not debt collection, political, or survey calls.
Revoking Consent
You can withdraw consent at any time. Under the FCC’s 2024 order, consumers may revoke consent by any reasonable means, including replying "stop" to a text. The FCC delayed a separate "revoke-all" requirement, which would make one opt-out apply to all of a caller’s robocalls, until January 31, 2027, and has proposed changing it. Revoke in writing as well and keep a copy.
Florida’s Telephone Solicitation Act
Florida’s FTSA (§ 501.059) covers unsolicited telephonic sales calls. The 2023 amendments narrowed it: the dialing system must perform both selection and dialing of numbers, and for texts you must reply "STOP" and the sender gets 15 days to comply before you can sue.
Damages and Evidence
The TCPA provides $500 per violation, up to $1,500 if willful or knowing. Keep:
- Screenshots of call logs and texts with dates and numbers.
- Voicemails, especially prerecorded ones.
- Proof of your Do Not Call registration and any revocation you sent.
- Notes of what the caller said and who they claimed to represent.
Watch: the videos behind this article
What is the TCPA?
What is a robocall?
I receive robocalls on my cell phone. Is this legal?
More Short Videos on This Issue
Go Deeper
- Debt Collector Abuse – What You Need to Know When You Owe
- What Can I Do About Debt Collectors Harassing Me?
Frequently Asked Questions
Can I sue for robocalls in Florida?
Yes, under the federal TCPA if a call or text used an autodialer or prerecorded voice without consent, or a telemarketer called a number on the Do Not Call list more than once in 12 months. Damages are $500 to $1,500 per violation.
Does the Do Not Call list stop debt collection calls?
No. The registry covers telemarketing. Debt collection calls are governed by the FDCPA and Florida’s FCCPA.
How do I revoke consent to robocalls?
By any reasonable means, such as replying “stop” to a text or telling the caller, under the FCC’s 2024 order. Also revoke in writing and keep a copy.
What changed in Florida's telemarketing law in 2023?
The FTSA was narrowed: the system must both select and dial numbers, and text recipients must reply “STOP” and give the sender 15 days before suing.
Talk to a Florida consumer protection lawyer
Weidner Law, P.A. handles Florida consumer protection and civil litigation matters from St. Petersburg. To have your situation reviewed, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida rule and statute is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
