What is the TCPA and Why Should Florida Businesses Care?
If your business contacts customers by phone, text, or fax, the Telephone Consumer Protection Act (TCPA) should be at the top of your compliance checklist. This federal law, enacted in 1991, was designed to protect consumers from unwanted marketing communications – and today, it’s one of the biggest sources of litigation risk for small and mid-sized businesses.
With financial penalties reaching up to $1,500 per violation, it’s not hard to see how quickly a single misstep in your outreach efforts could spiral into a class action lawsuit that drains your resources and disrupts your operations.
What Does the TCPA Regulate?
The TCPA restricts:
- Robocalls and autodialed calls to cell phones and landlines
- Text message marketing without express written consent
- Pre-recorded voice messages
- Unsolicited fax advertisements
The law requires businesses to obtain prior express written consent before sending certain types of communications and to maintain a compliant opt-out process. Even if you’re using a third-party marketing vendor, you may still be liable if they violate TCPA rules on your behalf.
Why Florida Businesses Should Pay Close Attention
In addition to federal compliance, Florida businesses must also comply with the Florida Telephone Solicitation Act (FTSA), which includes even stricter requirements:
- Expanded definitions of autodialing systems
- Shorter call windows
- Broader opt-out requirements
- Harsher penalties
This dual-layer of regulation means Florida business owners face more exposure than businesses in many other states.
At Trembly Law Firm, we work with businesses across industries to:
- Conduct compliance audits of outbound marketing practices
- Review consent language and retention policies
- Mitigate litigation risk from outdated or non-compliant outreach strategies
- Respond quickly and effectively if a claim is filed
Why the Risk is Real
With the rise of TCPA litigation, businesses are being targeted more than ever for technical TCPA violations – even when no actual harm was caused. These opportunistic lawsuits have grown in frequency because the penalties are high and the standards are strict.
We’ve seen otherwise strong businesses blindsided by lawsuits over things like:
- Sending a text to a number that had opted out
- Using outdated lead lists without verifying consent
- Relying on platforms that failed to follow compliance guidelines
If you’re unsure whether your current practices are TCPA – or FTSA-compliant, it’s time for a legal review.
How Trembly Law Firm Can Help
We’ve secured multiple victories defending TCPA lawsuits. While we’re not allowed to guarantee results, our team is leading the fight to protect business owners from the rising threat of TCPA actions against unsuspecting businesses.
Final Thoughts
TCPA compliance isn’t just a box to check—it’s an essential part of protecting your business from costly and avoidable litigation. Don’t let Lawsuit Larry knock on your door with a six-figure lawsuit because of a marketing error.
Our mission is to Protect the Economy, One Business at a Time®, and that includes helping business owners avoid unnecessary and unfair legal attacks. Whether you’re running a franchise, startup, marketing agency, or established company, we’ll work with you to ensure your communications don’t put you at risk
Contact Trembly Law Firm today to schedule a compliance review and keep your business safe from TCPA and FTSA violations.