Florida Do Not Call - Definition List
Section 501.059 Florida Statute, Florida Do Not Call Law
In general, when the consumer picks up the telephone receiver or the consumer's answering machine/voicemail has been activated.
In general, a sales call made to a residential telephone number (not fax machine or email address) and the purpose is to sell products and services, including calls that solicit information and the purpose is to use that information to sell products and services, possibly at a later date or sell the information to others.
In general, a sales call made to a residential telephone number on the Florida Do Not Call list.
In general, a sales call made with a prerecorded message and without a real or “live” person to introduce that message. In other words, when I answered the telephone there was nobody to speak with because the sales call was a recording not a person. A prerecorded sales call violation may include calls made to subscribers on the Florida Do Not Call (DNC) list as well as non-subscribers.
Important, please note that not all prerecorded messages are sales calls. Under Federal law, for example, regulations require that when a consumer answers the telephone and a sales representative is not available to speak within two seconds, the telemarketer must play a recorded message that states the name and telephone number of the seller. This type of call is an “abandoned call.” If you receive an abandoned call and your telephone number is on the Florida DNC list then file a complaint with the Department. If you receive an abandoned call and your telephone number is NOT on the Florida DNC list then file a complaint with the Federal Trade Commission.
Prior or Existing Business Relationship
Florida's Do Not Call law fails to define a prior or existing business relationship nor establish time limits for that relationship to exist. Under Federal law, for example, regulations limit the scope of a prior business relationship to the preceding eighteen (18) months where a purchase was made, and the preceding three (3) months where an inquiry or application was made. In general, an unsolicited sales call made to you or another household member when a prior or existing business relationship exists is not a violation. However, a prerecorded sales call made to you or another household member when a prior or existing business relationship exists is a violation, providing the sales call was not in response to an express request of the person called.
In general, a telephone number with a Florida area code, including mobile or pager telephone numbers, excludes business telephone numbers.
