Alert
11.17.2022
Miami Office Principal Alex J. Sabo represented an eye care clinic that was sued for contacting a patient in alleged violation of the Florida Telephone Solicitation Act.
Plaintiff brought the case as a putative class action on behalf of all individuals contacted by the eye care clinic since July 1, 2021, using an auto dialer, without first obtaining written consent from the contacted individual to allow use of an auto dialer to send messages. The case concerned three text messages sent by the eye care clinic to the putative class action plaintiff.
The Florida Telephone Solicitation Act has become a favorite for Florida class action plaintiff lawyers as a result of an amendment to the statute that became effective on July 1, 2021. Under that amendment, contacting someone using an auto-dialer is prohibited unless the contacted person has given prior written consent specifically authorizing use of an auto dialer for contact. The statute applies to telephone calls, voicemail transmissions and text messages.
The trial court entered judgment as a matter of law on behalf of the eye care clinic. Adopting an argument advanced by Alex on behalf of the firm’s client, the trial court ruled that the text messages, which were quoted in the First Amended Class Action Complaint, did not fall within the definition of a telephone sales call as set forth in the Florida Telephone Solicitation Act. Plaintiff did not appeal the trial court's dismissal with prejudice, and more than 30 days have passed since entry of the final judgment of dismissal with prejudice.