Florida Is 'Ground Zero' in Fight Over TCPA and Texts: Lawyers
Florida "finds itself at ground zero" on the question of whether do not call registry protections extend to sending text messages, with three different federal courts disagreeing, Bradley lawyers Alexis Buese and Stephen Parsley blogged last week. That raises the…
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odds that the 11th U.S. Circuit Court of Appeals will have to weigh in on the issue, they said. This year saw the Northern and Middle districts of Florida finding in separate decisions that texts aren't calls within the meaning of the Telephone Consumer Protection Act's DNC sections, but the Southern District decided the opposite, the lawyers wrote. Businesses shouldn't assume uniform protection across districts, and compliance strategies "should remain conservative until appellate clarity emerges."