Florida Telemarketing Laws You Should Be Aware Of

By starting telemarketing for your business, you can promote your offering directly to customers via telephone. Plus, you can use it for a wide array of other activities, from telesales to conducting surveys, all the way to appointment setting. 

A word of caution, though. If you’re about to embark on a telemarketing journey by starting an in-house call center, you need to do a hell of a lot of due diligence. We’re talking about an astounding number of Florida telemarketing laws that were created to protect consumers from aggressive and deceptive sales tactics. 

In today’s post, we’ll take a closer look at the Florida telemarketing laws that you must absolutely know before starting a telemarketing campaign. 

Why do Florida telemarketing laws matter?

Laws such as the Florida Telemarketing Act and Consumer Protection Law were passed to help protect consumers from aggressive salespeople, as simple as that. They limit what telemarketers can do, while also providing a plethora of ways for consumers to avoid deal calls and report those who are in violation of the law. 

How serious are these Florida telemarketing laws and how big of an impact they could potentially have on your business?

 In terms of the penalties for violating any of the provisions of the Telemarketing Act and other laws, your business can receive administrative fines as high as $10k per violation. Additionally, the Florida Department of Agriculture and Consumer Services (the government agency that enforces these laws) can seek injunctions and potentially seek criminal prosecutions because violations of any legal statutes could constitute a third-degree felony.

Rules telemarketers must abide by

Florida telemarketing laws are extensive, to say the least. To provide you with a concise overview of the things you must know in order to comply with the law, we’ll primarily cover the rules for and restrictions on telemarketers, which include:

1. Must clearly express their intent

As soon as the recipient picks up the phone, the telemarketer must introduce themselves using their legal name, state the name of the company they’re working for, and inform the recipient about the services or goods they are selling - all within the first 30 seconds of the call. 

If by chance, the prospect agrees to make the purchase, the seller is required to inform them about cancellation rights, state their company’s license number, and provide the street address of the business. 

2. Can only call during designated times

According to Florida telemarketing laws, there is a curfew that businesses must respect when calling potential customers. At the time of writing, telemarketers are only allowed to make calls between 8:00 a.m. and 8:00 p.m. 

3. Are prohibited from blocking caller ID

Although such devices exist, under the relevant laws, telemarketers are prohibited from blocking their name or company number from showing on the caller ID system on a recipient’s phone. 

4. Have a limited number of calls per recipient

Florida telemarketing laws restrict the number of solicitation phone calls salespeople are allowed to make for a single recipient. The limit is set to three calls per day if the subject matter or the issue of the call is the same. This also applies to situations in which a telemarketer uses different numbers. 

5. Must obtain consent before making sales calls with an autodialer

One of the most “controversial” rules is the requirement for callers to obtain written consent before placing telephonic sales calls using an autodialer equipment. 

Per Florida telemarketing laws, telephonic sales calls are those that comprise of voicemail transmissions, calls, and text messages sent or made for purposes of soliciting sales, extension of credit, or obtaining information that could be used for direct sales in the future. 

The express written concern includes:

• Signature of the recipient
• Authorization for the placement of telephonic sales calls 
• Providing an authorized number where these communications can be delivered
• Clear disclosure that the recipient is consenting to automated communications while also retaining their right to withdraw consent at any point

In 2023, the definition of autodialer was changed from “automated system for selection or dialing telephone numbers” to “automated system for selection and dialing telephone numbers” (word ‘or’ was changed to ‘and’). This significantly narrowed down the scope of what’s considered an autodialer and now only covers equipment that automatically selects and dials numbers. 

Furthermore, the definition of prior express written consent was expanded to include checking boxes online and responding affirmatively to text messages. 

6. Must have a valid license 

Before getting into telemarketing, it’s necessary for your business (and any salespeople that will conduct telemarketing) to obtain a license from the Florida Division of Consumer Services. Recipients of sales calls can easily check if the business holds a valid license online, so you should never even attempt to make these calls without first obtaining the proper permit.

Why is outsourcing your telemarketing efforts valuable?

Considering you’re looking at the breakdown of Florida telemarketing laws, it’s easy to conclude you’re probably researching different aspects of starting a call center. More power to you, however, you need to be aware that the regulations regarding telemarketing are rapidly changing, especially with the wider availability of autodialer technology. 

As such, it’s extremely difficult to stay compliant and informed of all the relevant new legislation that may impact your phone solicitation campaigns. It doesn’t help that the language of telemarketing laws is oftentimes unclear - something which could open your business to liability if you accidentally make any mistakes in the process. 

There is a better alternative to opening up a call center that i also cheaper - telemarketing outsourcing.

By outsourcing your operations to trained professionals, you don’t need to worry about staying compliant with the law, and thus, you can operate at a reduced risk, while also saving a lot of money. Plus, you can simply focus on your competencies while reaping all the benefits of telemarketing. 

Start telemarketing now!

As a call center that’s been going strong for 30 years, here at Aspen Media, we’re serious about the quality of our work. After all, calling is what we do and we take great care to ensure your business stays compliant, regardless of any new legislative changes that may happen later down the road.

If you surrender the reins of your telemarketing efforts to us, you can save time, money, and avoid worrying about breaking any laws. 

Call 800-853-2240 or fill out our contact form to get started!