Update: Governor DeSantis Signs Florida SB 1120 into Law

The wait is over. Florida’s amended (and problematic) telemarketing law, including new private right of action with statutory damages, takes effect tomorrow, July 1, 2021.

It took the Florida legislature just over two months to introduce and unanimously pass SB 1120 with hopes of filling a perceived gap created by the Supreme Court’s narrow TCPA interpretation. It took another two months for the legislative officers to present the bill to Governor DeSantis. One day later, Governor DeSantis signed it into law, paving the way for the July 1 effective date.

Every business that makes telemarketing calls or sends marketing texts into the state should carefully assess their campaigns to ensure they comply with all aspects of Florida law. This includes the new written consent requirements for calls/texts made using an “automated system” and legacy requirements related to Do Not Call lists, disclosures, signed contracts, and more.