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Description: For over thirty years, the federal Telephone Consumer Protection Act (TCPA), 42 U.S.C. § 227, has reigned supreme among laws regulating automated technology used to transmit robocalls/text messages. All that changed in July of 2021 when the Florida legislature unanimously passed CS/SB 1120. This bill updates the Florida Consumer Protection Law and the Florida Telemarketing Act to create another version of the TCPA—commonly referred to as the Florida “Mini-TCPA” But do not let the name fool you.
The Florida law is just as poignant and, in some instances, more restrictive than the TCPA. Among several features, Florida’s definition of an automated system is broader than the TCPA’s, which was narrowed by the U.S. Supreme Court’s recent Facebook v. Duguid, decision. Thus, it is possible for a call to not be subject to the TCPA’s restrictions, but still be regulated under Florida law.
This presentation will examine the Florida law, draw comparisons to the TCPA, discuss recent legal trends, and provide practical pointers for companies and senders to defend litigation arising under this new law.
Presenter Bios
Jeffrey N. Rosenthal is a Partner in the Philadelphia office of Blank Rome LLP where he leads the Firm’s Biometric Privacy Team and is a member of its Privacy Class Action Defense and Cybersecurity & Data Privacy groups. Jeff has over a decade of experience defending high-stakes, consumer claims in the courtroom and before state and federal agencies. His complex corporate litigation practice focuses on class actions, and includes issues related to consumer fraud, data privacy, online and telephone marketing, advertising, consumer contracts, e-commerce, and regulatory and statutory compliance matters. He can be reached at jeffrey.rosenthal@blankrome.com
Thomas F. Brier Jr. is an attorney in the Philadelphia office of Blank Rome. He concentrates his practice on a variety of criminal and civil litigation matters, including high-stakes class action litigation, and has written extensively on issues pertaining to data privacy and cybersecurity. He can be reached at thomas.brier@blankrome.com.
 | | Practice Areas: | | Communications & Media Law, Information Technology Law & E-Commerce, State, Local & Municipal Law | | | Online Media Type: | | Audio | | | Production Date: | | 12/09/2021 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 3 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Jeffrey N. Rosenthal - Blank Rome LLP | | • | Thomas F. Brier, Jr. - Blank Rome LLP |
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