FTSA Lawyer in South Florida — Stop Unwanted Texts & Robocalls

What Is the FTSA and Why Does It Matter in South Florida?

The Florida Telephone Solicitation Act (FTSA), found at Florida Statutes § 501.059, prohibits businesses from sending automated text messages or making automated sales calls to Florida residents without prior express written consent. Unlike the federal TCPA, the FTSA is a state-level statute that allows individual Floridians to sue directly in Florida courts — no class action requirement and no arbitration clause defense that many national companies try to invoke.

South Florida is one of the highest-volume telemarketing markets in the country. Consumers in Miami-Dade, Broward, and Palm Beach counties routinely receive spam texts from real estate investors, insurance marketers, debt collectors, and retail brands targeting the region's dense, multilingual population. That volume translates into a high frequency of FTSA violations.

Under the FTSA, each individual violation can expose a defendant to statutory damages. An experienced FTSA attorney can evaluate your call and text logs, identify the responsible sender, and determine whether the volume of contacts warrants a single claim or multiple counts.

• Covers unsolicited automated or prerecorded calls to any telephone number
• Covers unsolicited automated text messages sent to cell phones
• Requires prior express written consent — verbal consent is insufficient
• Provides a private right of action without needing a class of plaintiffs
• Violations may be pursued in Florida state court

How Lateshia Frye Law Approaches FTSA Claims

FTSA litigation sits at the intersection of consumer advocacy and civil litigation — two areas this firm handles directly. Lateshia Frye Law evaluates each potential claim by first reviewing the nature of the communication: was it automated, was it a sales solicitation, and did the sender possess valid written consent at the time of the contact? That threshold analysis determines whether a violation is actionable and how strong the damages position will be.

Once a viable claim is identified, the firm pursues the responsible party through formal demand, pre-suit negotiation, or full civil litigation in Florida state court. Many FTSA defendants — particularly large companies that run mass texting campaigns — resolve claims before trial once they understand that Florida courts have jurisdiction and that the statute's per-violation structure can accumulate quickly.

For business clients who have received a demand letter alleging FTSA violations, this firm also provides defense-side counsel, reviewing consent records, opt-out logs, and campaign documentation to evaluate exposure and respond strategically.

South Florida Context: Local Courts, Local Defendants

South Florida's legal landscape shapes how FTSA cases are filed and resolved. Miami-Dade, Broward, and Palm Beach counties each maintain county civil courts and circuit courts where these claims can be initiated. Venue selection matters — local counsel familiar with the procedural tendencies of the Seventeenth Judicial Circuit in Broward or the Eleventh Judicial Circuit in Miami-Dade can affect how quickly a case moves and how defendants respond.

The region's economy also drives the types of defendants most commonly named in FTSA actions. South Florida has a large concentration of real estate wholesalers, mortgage brokers, timeshare operators, and insurance agencies — industries historically associated with aggressive outbound telemarketing. Coastal ZIP codes in Palm Beach County and the Miami metro have particularly high rates of unsolicited investor outreach targeting homeowners.

Filing in South Florida state court also means the case stays out of federal forums where defendants sometimes prefer to litigate, giving plaintiffs a home-court procedural advantage that a locally based FTSA lawyer can leverage.

• Seventeenth Judicial Circuit — Broward County civil and circuit courts
• Eleventh Judicial Circuit — Miami-Dade County civil and circuit courts
• Fifteenth Judicial Circuit — Palm Beach County civil and circuit courts
• Local industries with elevated FTSA exposure: real estate, insurance, mortgage, timeshare

Who Should Contact an FTSA Attorney?

You may have an FTSA claim if you have received repeated automated text messages advertising a product or service and never gave the sender written permission to contact you. A single automated marketing text — if it meets the statute's criteria — can be actionable. Multiple texts from the same sender strengthen the claim considerably.

Business owners in South Florida who send text marketing campaigns should also consult with an FTSA attorney before launching or continuing those campaigns. Florida amended the FTSA in 2023, and compliance requirements shifted in ways that caught many marketers off guard. A legal review of your consent capture process, your opt-out mechanism, and your campaign vendor agreements can identify exposure before a demand letter arrives.

Lateshia Frye Law handles both sides: consumers seeking to enforce their rights and businesses seeking to understand and reduce their FTSA risk. Either way, the analysis starts with the facts of the communication and the consent record — or the absence of one.

• Consumers who received unsolicited automated texts or calls
• Homeowners contacted by real estate investors without prior consent
• Businesses that received an FTSA demand letter or lawsuit
• Companies launching or auditing a text marketing program in Florida

Common Questions