Florida has the strictest SMS marketing law in the United States, and 2027 is shaping up to be the year it gets stricter still. The Florida Telephone Solicitation Act (FTSA), originally designed to curb automated telemarketing calls, now covers text messages, carries damages of $500 to $1,500 per violation, and gives Florida residents a private right of action to sue businesses directly.
If you buy SMS marketing lists that include Florida residents, or if you’re already sending to a national list, you’re subject to the FTSA on every message that touches a Florida mobile number. This guide explains what the law requires in 2027, how it differs from the federal TCPA, and what practical steps a compliant SMS marketing program needs to take.
What the Florida Telephone Solicitation Act Covers
The FTSA originally regulated voice telemarketing calls in Florida. A 2021 amendment extended its scope to text messages sent through what Florida defines broadly as “an automated system for the selection or dialing of telephone numbers.” That definition is wider than the federal TCPA’s definition of an autodialer, which means more SMS platforms fall under the FTSA than fall under TCPA.
The law applies to any commercial text message sent to a Florida resident or to a Florida phone number. Residency is determined by billing address or the area code of the number. The sender is responsible for compliance regardless of where the sender is located.
The Five Core Requirements Under the FTSA
1. Prior Express Written Consent, Narrowly Defined
Florida requires prior express written consent before any commercial text can be sent. This is similar to the federal TCPA requirement, but Florida courts have interpreted “written consent” more narrowly. A pre-checked opt-in box fails. Consent bundled into terms of service fails. The consent must be clearly separated from other terms, must identify the sender by name, and must specify that the recipient agrees to receive marketing text messages.
The consent record must be kept for the duration of the business relationship plus five years after the last message is sent. Florida courts have treated missing consent documentation as sufficient grounds for class-action certification.
2. Narrower Permitted Sending Hours
Federal TCPA permits marketing text messages between 8:00 AM and 9:00 PM in the recipient’s local time zone. The FTSA tightens this to 8:00 AM to 8:00 PM Eastern time. For a national SMS campaign that treats Florida numbers under federal rules, this creates a one-hour window of exposure every evening.
3. Opt-Out Must Be Honored in Fifteen Days
Federal TCPA requires opt-out requests to be processed “promptly.” Florida sets a hard deadline of fifteen days from receipt. Standard STOP, CANCEL, UNSUBSCRIBE, END, and QUIT keywords must all trigger opt-out processing.
4. Three Messages Per Day Cap
The FTSA limits any one business to three commercial text messages per day to any single recipient. Federal law has no such cap. For SMS marketing programs that use drip sequences, cart abandonment flows, or re-engagement series, this cap can be hit without the sender realizing it.
5. Private Right of Action With Statutory Damages
Florida residents can sue directly for FTSA violations. Statutory damages are $500 per violation, trebled to $1,500 for willful violations. There is no cap on total damages. Attorney’s fees are awarded to prevailing plaintiffs. Class actions filed under the FTSA have produced settlements ranging from several hundred thousand to tens of millions of dollars.
How the FTSA Compares to the Federal TCPA
Marketers familiar with TCPA compliance for SMS marketing often assume federal compliance is sufficient. For Florida recipients it is not.
Autodialer definition. Federal TCPA defines an autodialer narrowly after Facebook v. Duguid (2021). Florida FTSA defines “automated system” broadly enough to cover virtually any SMS platform that uses a saved contact list.
Consent threshold. Federal TCPA requires prior express written consent, interpreted flexibly. Florida FTSA requires the same but Florida courts enforce the standard strictly.
Sending hours. Federal 8 AM to 9 PM local time. Florida 8 AM to 8 PM Eastern time.
Opt-out deadline. Federal “promptly.” Florida fifteen days maximum.
Daily message cap. Federal none. Florida three per recipient per day.
What’s Changing in 2027
Two developments make 2027 the year to tighten Florida SMS compliance. First, the Florida Attorney General’s office has signaled increased enforcement attention on out-of-state senders. Second, several pending Florida court cases are expected to clarify what counts as “prior express written consent” under the FTSA, with early rulings tending toward a more plaintiff-friendly interpretation.
Reviewing consent collection flows, suppression list procedures, and send-time configuration before Q1 2027 campaigns launch is a reasonable precaution.
How to Build an FTSA-Compliant SMS Program
Start with Compliant Data
Any SMS marketing list that includes Florida numbers must come with documented consent records that meet Florida’s standard. At ProMarketing Leads, SMS lists are built using opt-in procedures that meet the strictest state-level requirements.
Configure Florida-Specific Sending Rules
Most SMS platforms allow time-zone-aware sending but default to federal TCPA quiet hours. Reconfigure for Florida numbers to send only between 8 AM and 8 PM Eastern, and cap daily sends at three per recipient regardless of which campaign is firing.
Apply Florida-Specific Opt-Out Logic
Set your internal suppression list to apply Florida opt-outs within one business day rather than fifteen. Honor opt-outs across all your campaigns and all your brands, not just the one the opt-out was received through.
Document Everything
Keep the consent record, the opt-out record, the DNC scrub record, the send record, and the suppression list application record for every Florida message. In the event of a lawsuit, documentation is the primary defense.
What Happens If You Get a Florida FTSA Lawsuit
FTSA lawsuits typically begin with a demand letter from a plaintiff’s attorney, citing specific messages received and demanding damages. If the demand is not resolved, the attorney files suit, often as a class action. Class certification turns largely on whether the defendant has documentation of consent for the putative class members; absent consent documentation, certification is usually granted.
The vast majority of FTSA cases settle rather than go to trial, with settlements ranging from the low six figures for small senders to the eight-figure range for national campaigns.
Frequently Asked Questions
Does the FTSA apply to businesses outside Florida?
Yes. The FTSA applies to any commercial text message sent to a Florida phone number, regardless of where the sender is located.
What are the fines for violating the Florida FTSA?
Statutory damages are $500 per violation. Willful violations are subject to treble damages of $1,500 per violation. There is no cap on total damages.
How is “written consent” defined under the FTSA?
Written consent must be clearly separated from other terms, must identify the sending business by name, and must specifically authorize marketing text messages. Pre-checked boxes and bundled consent language fail.
Can I use federal TCPA consent records for Florida recipients?
Only if those consent records meet Florida’s stricter standard. Many federally-compliant records fail under Florida interpretation.
What are the FTSA quiet hours?
Marketing text messages to Florida recipients may be sent only between 8:00 AM and 8:00 PM Eastern time.
How many SMS messages can I send per day under FTSA?
No more than three commercial text messages per day to any single Florida recipient, counted across all campaigns.
How long do I have to honor an FTSA opt-out?
Fifteen days maximum from receipt. Most compliant programs process opt-outs within one business day.
Is the Florida FTSA stricter than other state SMS laws?
Yes. Florida has the strictest state-level SMS marketing law in the United States, with the narrowest consent definition, tightest sending hours, a daily message cap, and plaintiff-friendly enforcement.
Ready to Build a Florida-Compliant SMS Campaign?
Florida compliance starts with your data. At ProMarketing Leads, every SMS marketing list we build is sourced using opt-in procedures that meet the strictest state-level requirements. For a broader state-by-state view, see our State-by-State SMS Marketing Laws in 2026 guide.
Contact us today for a free consultation on building an FTSA-compliant SMS marketing program. Call (866) 397-2772 to speak with a list expert.