The Florida Telemarketing Act requires non-exempt businesses that engage in the sale of consumer goods or services by telephone to be licensed and post security (surety bond, certificate of deposit, or letter of credit) of no less than $50,000, prior to soliciting in Florida. The law also requires the salespersons for these businesses to be licensed. Doing business in this State includes both telephone solicitation from a location in Florida and solicitation from other states or nations of purchasers located in Florida.
If you are a consumer and wish to enroll in the Florida Do Not Call (DNC) list, please review our DNC web page for additional information.
Frequently Asked Questions (FAQs)
What is the difference between the Telephonic Sales law and the Florida Telemarketing Act?
The telephonic sales law requires the Department to produce a list of telephone numbers of subscribers who do not wish to receive solicitation calls for the sale of consumer goods or services. It requires certain disclosures and prohibits the use of an automated solicitation device with a recorded message. The Florida Telemarketing Act requires non-exempt businesses that solicit the sale of consumer goods or services to be licensed, to post some form of security (a surety bond, certificate of deposit, or a letter of credit) of no less than $50,000, and their salespersons to be licensed prior to doing business in Florida. The Act defines doing business in this state as a call from Florida or a call to a purchaser in Florida.
What hours can a telemarketer call?
It is unlawful for any commercial telephone seller or salesperson to make a commercial telephone solicitation phone call before 8:00 a.m. or after 9:00 p.m. local time at the called person's location. It is also unlawful for any commercial telephone seller or salesperson making telephonic solicitations to take any intentional action to prevent transmission of the telephone solicitor's name or telephone number to the party called when the equipment or service used by the telephone solicitor is capable of creating and transmitting the telephone solicitor's name or telephone number.
I am being solicited by faxes, isn't that against the law?
Nothing in the Florida Telemarketing Act or the Telephonic Sales Law prohibits sending advertisements by fax. However, there is a law found in s.365.1657, Florida Statutes, that prohibits sending an unsolicited advertisement by fax machine within the state. The law is enforced by the Office of the Attorney General.
A solicitor told me they only accept credit cards, is that legal?
No. Section 501.616(1), Florida Statutes, states it is unlawful for any commercial telephone seller or salesperson to require that payment be by credit card authorization or otherwise to announce a preference for that method of payment.
- ss. 501.601 – 501.626, Florida Statutes (F.S.)
- Chapter 5J-6, Florida Administrative Code
On the FAC site, please select "latest version" to view the rules
As of July 1, 2009, the Florida Legislature passed House Bill 61 (refer to section 9) which was signed into law by the Governor. This new law amends portions of Chapter 721, F.S., regulating the timeshare industry in Florida. The new law creates s.721.20(9), F.S., requiring additional disclosures by timeshare "resale service providers" before entering into contracts to market or resell timeshare units. Failure to make the required disclosures is defines as an unfair and deceptive trade practice.
Telemarketing Fraud, Recognize and Avoid
Many of us are bombarded with telemarketing phone calls throughout the day. However, it is sometimes difficult to identify telemarketing scams from legitimate offers. Review these quick tips on how to recognize and avoid telemarketing fraud.
FTC Telemarketing Information
Information for consumers brought to by the Federal Trade Commission (FTC). This link will take to directly to additional information about telemarketing fraud.
Do you have more questions about telemarketing? Contact us via email.