Hayes and Polatsek: Text Message Marketing Poses Risks Under Florida Law
Companies that fail to adhere to consumer protection laws surrounding marketing techniques and strategies like text message marketing do so at their own peril, according to Shook Partner Ashley P. Hayes and Associate Michael Polatsek. Hayes and Polatsek co-wrote an article in the Florida Bar Journal on Florida’s Telephone Solicitation Act (FTSA) and how companies can stay abreast of a fluid legal landscape.
In their article, titled “Putting Pandora Back in the Box: The Florida Telephone Solicitation Act,” Hayes and Polatsek said the law, which was enacted in 1987, appeared benign at its start. The law initially prohibited “telephone solicitors” from placing “telephonic sales calls” to residential or mobile telephone numbers, and to telephonic paging devices that were included on state no-call lists. The law has evolved, however, through key legislative amendments in 2021 and 2023 and an 11th Circuit ruling.
“Both large companies and small businesses alike face challenges in navigating the legal landscape of consumer protection laws like the [Telephone Consumer Protection Act] and the FTSA, especially as text message marketing grows in popularity for its reach, effectiveness, and ease of use,” they said. “Practitioners should guide their clients through the ever-changing patchwork of these consumer protection laws, including the TCPA and the FTSA, helping companies manage the risks associated with using digital and text message marketing methods.”
