Spam texts in Florida? State law provides $500 to $1,500 per unlawful text.
Florida has one of the strongest spam text laws in the country. If automated marketing texts kept coming more than 15 days after you replied STOP, or you never consented in the first place, our Florida attorneys want to hear from you.
No attorney's fees unless we recover for you. Clients may be responsible for costs and expenses in certain circumstances, as described in the retainer agreement. Recovery is not guaranteed; every case depends on its facts.
Do you qualify for a Florida spam text lawsuit?
The FTSA protects people in Florida from automated telemarketing texts and calls. You may have a claim if any of the following apply.
Texts continued 15+ days after you replied STOP
Under the FTSA, once you reply STOP, the sender has 15 days to stop texting you. Marketing texts that arrive after that window can each be a separate violation. This is the strongest FTSA claim.
Automated texts you never signed up for
Automated marketing texts and calls require your prior express written consent under Florida law. If you never gave it, or a company can't prove you did, the law may have been violated.
Calls at bad hours or on repeat
Florida bars telephonic sales calls before 8 a.m. or after 8 p.m. your local time, and more than three calls on the same subject in 24 hours. Violations of these rules count too.
Three steps that build a Florida spam text case
Since 2023, Florida law rewards consumers who follow a simple sequence. Do these three things and every text that follows works in your favor.
Reply STOP and save the date
Reply STOP to the marketing texts and screenshot your reply so the date is visible. This starts the 15-day clock the law gives the sender. One confirmation text from them is allowed; new marketing texts are not.
Screenshot everything after day 15
If marketing texts keep arriving more than 15 days after your STOP, screenshot each one with the sender's number, date, and time visible. Don't delete the thread; it is the backbone of your claim.
Send it to us, free
Submit the screenshots through our form. Our attorneys identify the sender, review consent records, and pursue the statutory damages the FTSA and TCPA provide, at no upfront cost to you.
Put Florida's spam text law to work
Tell us about the messages you're receiving. An attorney, not a call center, reviews every submission.
- Free, no-obligation review, treated as confidential
- No attorney's fees unless we recover; costs may apply in certain circumstances
- Screenshots of the texts and your STOP reply are the best evidence
- Reviewed by a Florida consumer protection attorney
Prefer to talk? Call (954) 799-5914 or open the form in a new tab: Spam Text Case Review
Submitting this form does not create an attorney-client relationship.
The FTSA: Florida's answer to spam texts
The Florida Telephone Solicitation Act, Section 501.059, Florida Statutes, was strengthened in 2021 to let consumers sue telemarketers directly, and refined in 2023. Here is how it works alongside federal law.
Florida Telephone Solicitation Act (FTSA)
Florida's "mini-TCPA" regulates telephonic sales calls, which include marketing text messages, made using an automated system to people in Florida.
- Statutory damages of $500 per violation, which a court may increase up to $1,500 for willful or knowing violations
- Automated marketing texts and calls require prior express written consent
- After you reply STOP, the sender has 15 days to stop; texts after that can each be a violation
- No sales calls before 8 a.m. or after 8 p.m., and no more than 3 calls per 24 hours on the same subject
Telephone Consumer Protection Act (TCPA)
The federal TCPA applies in Florida too, and some claims that don't fit the FTSA still fit the TCPA, so many Florida cases assert both.
- $500 per violation, up to $1,500 for willful or knowing violations
- Protects numbers on the National Do Not Call Registry (31+ days) from repeat telemarketing
- Covers prerecorded voice calls and autodialed calls without consent
- Our attorneys evaluate every submission under both laws and pursue the stronger path
See our spam text lawsuit attorneys page for the full TCPA guide →
Three things Florida consumers should do right now
The 2023 FTSA amendment made documentation the whole ballgame. These habits turn spam texts into evidence.
Reply STOP, once, and date it
Your STOP reply starts the legal clock. Screenshot it with the timestamp visible. If you don't recognize the sender at all, don't reply or click links, it may be a scam; just screenshot it.
Keep every text after day 15
Each marketing text that arrives more than 15 days after your STOP may be a separate violation. Screenshot each one and never delete the message thread.
Register on the Do Not Call lists
Add your number free at donotcall.gov and Florida's own registry at fdacs.gov. Registration strengthens federal claims and cuts the calls.
A Florida firm for a Florida law
- Home-court advantageDapeer Law is headquartered in Hallandale Beach, Florida. The FTSA is our home state's law, and consumer protection class actions are our core practice.
- FTSA and TCPA togetherWe evaluate every case under both Florida and federal law and pursue whichever path, or both, the facts support.
- No recovery, no feeWe handle spam text cases on contingency. You pay nothing upfront, and we collect attorney's fees only if we recover for you. Clients may be responsible for costs and expenses in certain circumstances described in the retainer agreement.
- Attorney-reviewed, alwaysEvery submission is reviewed by our legal team, and you'll hear back from us promptly about whether you have a case.
Talk to us directly
520 S. Dixie Hwy, #240, Hallandale Beach, FL 33009
(954) 799-5914
156 W. 56th Street, #902, New York, NY 10019
(917) 456-9603
11500 W. Olympic Blvd., #550, Los Angeles, CA 90064
(323) 701-0508
Florida spam text lawsuit FAQ
Quick answers about the FTSA and suing over spam texts in Florida.
What is the Florida Telephone Solicitation Act (FTSA)?
The FTSA, Section 501.059 of the Florida Statutes, is Florida's telemarketing law. It was strengthened in 2021 to let consumers sue companies directly over automated marketing calls and texts sent without prior express written consent, and it was amended in 2023 to add a STOP-and-15-day requirement for text message claims.
How much can I recover under the FTSA?
The FTSA provides statutory damages of $500 per violation, and a court may increase that up to $1,500 per violation if the violation was willful or knowing. Because each unlawful text or call can be a separate violation, damages can add up. Recovery is not guaranteed and depends on the facts of each case.
Do I have to reply STOP before I can sue over texts?
For FTSA text message claims, yes. Since the 2023 amendment, you must reply STOP to the sender and give them 15 days to comply. Marketing texts that continue after that window are what create FTSA liability. Federal TCPA claims work differently and may not require this step, which is one reason we review every case under both laws.
What is the difference between the FTSA and the TCPA?
The FTSA is Florida state law and the TCPA is federal law; both provide $500 to $1,500 per violation. The FTSA requires prior express written consent for automated marketing texts and has the STOP-and-15-day rule. The TCPA protects Do Not Call Registry numbers and covers prerecorded and autodialed calls nationwide. Many Florida cases assert both.
Who can bring an FTSA claim?
The FTSA protects people who receive telephonic sales calls while in Florida. Florida law also presumes that a call or text to a Florida area code is made to a Florida resident. If you live in Florida or received the messages here, you're likely covered; if you're elsewhere, the TCPA and your own state's laws may apply instead.
Does it cost anything to hire Dapeer Law for an FTSA case?
The case review is free, and we handle spam text cases on a contingency basis, meaning we collect attorney's fees only if we recover compensation for you. In certain circumstances described in the retainer agreement, clients may be responsible for costs and expenses.
What evidence do I need for a Florida spam text case?
Screenshots are key: your STOP reply with its date visible, and every marketing text that arrived afterward, showing the sender's number, date, and time. Keep the original thread on your phone. If you never consented to the texts at all, save the messages and note how the company might have gotten your number.
The texts stopped after I replied STOP. Do I still have a case?
Possibly. If the texts stopped within 15 days, the FTSA's text safe harbor likely protects the sender for those messages, but the texts you received before opting out may still support claims if they were sent without your prior express written consent, and federal law may apply too. Send us what you have and we'll evaluate every angle.
Florida gave you the law. We'll do the rest.
Companies bet that Floridians won't bother enforcing their rights. Take two minutes, send us your screenshots, and find out whether you have a claim.
Get My Free Case ReviewAttorney Advertising. Dapeer Law, P.A. is a consumer protection and class action law firm representing clients nationwide. The information on this page is for general informational purposes only and is not legal advice. Viewing this page or submitting the form does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Statutory damages described above are maximums provided by law; actual recovery depends on the facts of each case, and recovery is not guaranteed. Contingency fee representation: no attorney's fees unless there is a recovery; clients may be responsible for costs and expenses in certain circumstances as described in the retainer agreement. The hypothetical text message exchange depicted on this page is a dramatization and illustration only, not an actual client matter or result.