ANALYSIS: Amid a Rush of Robocall Laws, One State Dials It Back

December 20, 2023, 10:00 AM UTC

Plaintiff-friendly state telemarketing laws have more than tripled in the wake of a 2021 US Supreme Court decision that limited the reach of the Telephone Consumer Protection Act. These “mini-TCPA” laws are expanding liability for robocallers and providing stronger consumer protections than their federal counterpart.

But recent course corrections in Florida—the first of the mini-TCPA states—might have other states questioning how far they should go to provide plaintiffs with judicial remedies for unsolicited calls.

Identifying Autodialers

To placate growing public complaints about unsolicited telemarketing calls, Congress in 1991 passed the Telephone Consumer Protection Act, which restricts the use of ...

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