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Touch of Modern now faces a large class action under the FTSA, which carries the same $500.00 per violation MINIMUM as the TCPA, plus potentially enables the recovery of attorneys fees. Companies texting into Florida must be aware of the FTSA.
Simpson v. The J.G. Wentworth Company, Plaintiff alleges that Defendant violated the TCPA and FTSA Florida mini-TCPA by making telemarketing calls using automated systems or prerecorded messages without first receiving the recipient’s prior express written consent.