FTSA Dismissal Decisions Update: One Win, One New Loss

Last week, courts issued two new Florida Telephone Solicitation Act (FTSA) decisions. We've been covering the sprawl of FTSA cases filed since the ...

September 21, 2022
6:28 PM

Last week, courts issued two new Florida Telephone Solicitation Act (FTSA) decisions. We've been covering the sprawl of FTSA cases filed since the statute was amended to allow for a private cause of action in July 2021. Both of last week's decisions were on motions to dismiss. First, on September 13, 2022, the Middle District of Florida gave FTSA defendants their first win in Davis v. Coast Dental Services, LLC. There, the plaintiff, using a form complaint that her attorneys often use in other FTSA cases, alleged that the defendant used a "computer software system that automatically selected and dialed" her telephone and sent a single marketing message to her (from a ten-digit phone number) about its dental services without her prior express written consent.

Daniel S. Blynn