Top Class Actions discussed Florida's email laws that protect the public from being misled by businesses. Some of Florida’s communication regulations include its telephone anti-solicitation law, predating the federal Telephone Consumer Protection Act (TCPA), the Florida Telemarketing Act, the Electronic Mail Communications Act, and the Florida Deceptive and Unfair Trade Practices Act (FDUTP).
According to Florida's Department of Agriculture and Consumer Services (FDACS), the state's establishment for consumer complaints, information, and protection, "The telephone solicitation (Do Not Call) law requires FDACS 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."
According to the Florida State Legislature, the Electronic Mail Communications Act "prohibits fraudulent, false or deceptive e-mail messages and the distribution of software designed to falsify information in the e-mail header, which would conceal the true origin of the e-mail message." According to the article, this law forbids businesses from sending emails that:
According to the Florida Legislature, FDUTPA serves three purposes:
Florida residents who have received emails in violation of these state laws may be eligible for a class-action lawsuit to recover up to $500 in damages for each e-mail violation. Those affected would need to file their complaints with the Office of the Florida Attorney General. Spam complaints are entered into a database for “potential enforcement action,” which is monitored for trends and used to identify possible criminals.
The Florida Attorney General’s website says, “We appreciate the efforts of responsible citizens to assist us in identifying trends that permit us to investigate and pursue enforcement actions."