Florida recently passed two bills, Senate Bills 740 and 568 respectively, which amend Florida’s telemarketing law as follows:
- The definition of telephonic sales call expressly covers voicemail messages, including ringless voicemail, thereby bringing such messages within the scope of the state’s telemarketing rules;
- Telemarketers must honor company-specific Do Not Call requests from businesses;
- Telemarketers must transmit their “originating” telephone number via Caller ID. The term originating is not defined. Alternatively, the Caller ID may display the seller’s name and customer service number. Either way, the telemarketer or seller must answer calls made to the number displayed via Caller ID; and
- Certain records must be retained by telemarketers for two years. For the most part, the new record keeping requirements mirror those found in the FTC’s Telemarketing Sales Rule. However, the Florida law also requires callers to retain the names and telephone numbers of all consumers that receive telephone sales calls.
The amendments take effect on July 1, 2018.