LEGAL UPDATE: COMPLYING WITH THE TCPA AND THE FTSA
On April 11, 2025, the Federal Communications Commission’s “consent revocation” rule takes effect. This new rule, under the Telephone Consumer Protection Act (“TCPA”), requires that businesses provide consumers with an easy way of revoking consent by responding “stop” or “quit” to text messages. Businesses only have 10 business days to comply with a consumer’s revocation request.
Here are some best practices to ensure compliance with the TCPA and the Florida Telephone Solicitation Act (“FTSA”):
1. Check the National Do Not Call Registry and Florida’s Do Not Call Registry regularly (every 30 days).
2. “Cold calling” is okay when the consumer is not on the Do Not Call Registries and you stick to manual dialing.
3. If you use an auto-dialer, ensure you have obtained the consumer’s “prior express written consent.”
What is an auto-dialer?
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- Under the TCPA, an auto-dialer has the capacity to store or produce numbers using a random or sequential number generator.
- Under the FTSA, an auto-dialer is an automated system that selects and dials numbers.
- Florida’s definition of an auto-dialer is broader than the TCPA’s definition, and therefore includes more types of auto-dialers.
What is prior express written consent?
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- Requires the signature of the consumer. A signature may be the consumer checking a box indicating consent or responding affirmatively to a text message.
4. Provide consumers with an easy way of revoking consent by responding “stop” or “quit” to text messages. Comply with revocation request within 10 business days.
5. Keep a log of the consumers you are calling.
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- Include the date you checked the Do Not Call Registries and the date the consumer provided “prior express written consent.”
- If consent is revoked, document the revocation date and the date you complied with their revocation.
- Here is a SAMPLE LOG to help you get started with keeping accurate records.
For additional resources, visit our MIAMI REALTORS® TOOLKITS:
- CHECKLIST: COMPLIANCE WITH TCPA AND FTSA. This is a checklist you can use to ensure your business is complying with the TCPA and the FTSA.
- SAMPLE LOG. This is a sample log to help your business in documenting consumer consents and revocations.
- SLIDE DECK: TEXT, CALL, AND MARKET – THE RIGHT WAY! This is an overview of the Do Not Call Registry (National and Florida), the Telephone Protection Act (“TCPA”), and Florida’s Telephone Solicitation Act (“FTSA”), and best practices to ensure compliance.
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