Yes, you can sue over some robocalls and sales texts in Florida

Yes. Florida's telephone solicitation law lets a person sue a seller who makes sales calls or sends sales texts that break its rules, for actual damages or $500, whichever is more.

TL;DR:Florida has its own law on sales calls and sales texts. If a seller breaks it, you can sue. Breaking it includes calling a number on Florida's no sales call list. It includes calling after you told the seller to stop. It includes using a robocall without your written OK. A court can award your actual losses or $500, whichever is more. If the seller broke the law on purpose, the court can raise that up to three times. For texts, you must reply STOP first and wait 15 days.

Florida's law on sales calls is Section 501.059, Florida Statutes. Its name is the Florida Telephone Solicitation Act. Some people call it the “Florida mini TCPA.” Unwanted calls and spam calls reach many phone numbers every day. This article explains when Florida's law lets you take legal action over them. If you live outside Florida, your state's law and federal law may give different rights.

Can you sue over robocalls in Florida?

Yes, in some cases. Many people think only federal law covers robocalls. Florida has its own law, with its own right to sue. If a seller breaks Florida's rules on sales calls, the person who got the calls may file a robocall lawsuit. The person can ask the court to stop the calls. The person can also ask for actual losses or $500, whichever is more. That right is in Section 501.059(10)(a), Florida Statutes.

Which calls and texts break Florida's law?

Florida's law covers what it calls “telephonic sales calls.” Many people call these telemarketing calls. Florida's term means a phone call or a text message to sell you goods or services, or to offer you credit for them. Some people think texts do not count. Under Florida's law, a sales text is a sales call. A sales call to any Florida area code is presumed to be made to a Florida resident or to a person in Florida.

Here are some things the law bars:

• An unwanted sales call to a number on Florida's “no sales solicitation calls” list. The state publishes that list every three months.
• A call, text, or voicemail to someone who already told the seller they do not want them.
• An unwanted sales call made with an automated system that picks and dials phone numbers, or with a recorded message, without the person's prior express written consent. That means a signed, written OK. The law counts some actions, such as replying yes to a text, as a signature.
• A sales call that does not send caller ID.

Not every sales call counts as “unsolicited” under the law. Calls you asked for are outside that term. So are calls mainly about a debt or contract you still have, and calls from a business you already deal with or dealt with before. Calls from newspaper publishers are outside it too.

How much can you sue for?

A court can award your actual losses or $500, whichever is more. If the court finds the seller broke the law willfully or knowingly, it can raise the award to as much as three times that amount. Willfully or knowingly means on purpose, or knowing it broke the rules.

A second Florida law may also apply. Florida's Telemarketing Act lets a person hurt by a violation recover actual and punitive damages, costs, and legal fees. But many sellers are exempt from that Act.

What is the STOP rule for texts?

Before you sue over sales texts, Florida's law has an extra step. You must reply “STOP” to the number the texts came from. The seller then has 15 days to stop. You may sue only if the texts keep coming more than 15 days after you replied, and you did not agree to get them. This step applies to texts. It does not apply to calls.

Who pays the legal fees?

In a lawsuit under this law, the side that wins gets its legal fees and costs paid by the side that loses. This happens after the judgment and any appeals. This cuts both ways. Some people think suing costs nothing if they lose. Under this law, a person who sues and loses may have to pay the seller's legal fees.

For more on calls that fake a local number, see our guide on spoofed local robocalls. You can find all of our robocall and sales call guides in one place.

What this article does not cover

This article explains Florida's right to sue over sales calls and texts. It leaves some things out on purpose:

• The federal Telephone Consumer Protection Act (TCPA) and the money it allows.
• Robocall class action lawsuits, settlements, claim forms, or payouts.
• The time limit to file a lawsuit under Florida's law.
• Scam calls that are not sales calls. Not every robocall or spam call breaks this law.

It also does not say whether you should sue. It describes the law.

Frequently asked questions

Educational only. Not legal advice.

Nothing here is legal services or advice about your situation. I am not available to represent you or to review your case. Reading this article does not create an attorney-client, fiduciary, or advisory relationship. Federal telecommunications and consumer-protection statutes vary by state. Verify every rule, deadline, and remedy against the law where you live. If you have a problem like the one described above, the strongest protection is a consumer-protection attorney licensed in your state. Many consumer-protection statutes include fee-shifting and damages multipliers, which often makes representation affordable.