Florida Do Not Call - Frequently Asked Questions
What is the difference between the telephone solicitation law and the Florida Telemarketing Act?
The telephone solicitation (Do Not Call) law requires the Department to produce a list of telephone numbers of subscribers who do not wish to receive solicitation calls for the sale of consumer goods or services. It requires certain disclosures and prohibits the use of an automated solicitation device with a recorded message. The Florida Telemarketing Act requires non-exempt businesses that solicit the sale of consumer goods or services to be licensed.
What hours can a telemarketer call?
- 8:00am through 9:00pm local time.
The most frequent violations occur because the solicitor: failed to identify his or her true first and last names and the business on whose behalf he or she is soliciting immediately upon making contact; called a telephone number on the Do Not Call list; made a pre-recorded sales call without the consumer's consent. Review the Florida Statute, sections 501.059 (2), (4) or (7).
What are the penalties for a Do Not Call violation?
The civil penalty shall not exceed $10,000 per violation, however, the Department may seek other relief, including injunctive relief. Review the Florida Statute, section 501.059 (8).
If a person on the list has their home for sale by owner may I call them?
If they have a sign posted in their yard or other form of advertisement that they have placed then you may call them. However, the National DNC program also requires that you have a client that is interested in the property before contacting the owner (The National DNC law would then supercede Florida law).
Must I provide my name when calling consumers?
Any telephone solicitor who makes unsolicited sales calls must identify themselves by their true first and last name and the business on whose behalf they are calling immediately upon making contact with a consumer.
Are mobile numbers included on the list?
Yes. Mobile (cellular), residential, and telephonic paging device numbers are listed.
May I call consumers that I have previously done business with?
Yes. However, the National DNC program requires that the prior business relationship be within 18 months of the phone call. Again, this would supercede Florida law which has no time frame established.
Are auto dialers allowed?
If an automated system is used for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is made to the number called then NO you may not use an auto dialer. However, an automated dialing system may be used if you leave a live message and the messages are solely in response to calls initiated by the person the auto dialer has called, or if the telephone numbers selected have been screened to exclude subscribers of the current DNC list, or if the call is made concerning goods or services that have been previously ordered or purchased.
If you have any additional questions about the Florida Do Not Call list or about the enforcement of Section 501.059, Florida Statutes, please contact us via email.