Can I Sue for Robocalls and Spam Texts in Florida?

What the TCPA prohibits

• Calls or texts to a cell phone using an automatic telephone dialing system or an artificial or prerecorded voice without the required consent.
• Telemarketing calls or texts without prior express written consent, which must be a signed agreement clearly authorizing the specific seller to call that number.
• Calls to numbers on the National Do Not Call Registry after 31 days of registration, where an established business relationship does not apply.
• Calls that fail to honor a do-not-call request or that violate internal do-not-call list requirements.
• Calls outside 8 a.m. to 9 p.m. local time at the called party's location.
• Prerecorded messages that fail to identify the caller and provide an automated opt-out mechanism.

Florida's own statute

The Florida Telephone Solicitation Act, Fla. Stat. 501.059, regulates telephonic sales calls to Florida numbers, including calls and texts made using an automated system for the selection or dialing of telephone numbers. It requires prior express written consent for those calls, restricts calling hours to 8 a.m. through 8 p.m., limits three calls on the same subject in a 24-hour period, and prohibits caller ID spoofing.

A 2023 amendment added an important prerequisite for text-message claims: before bringing a private action over text messages, the consumer must reply STOP to the sender and the sender then has 15 days to cease. If messages continue after that window, the claim proceeds. FTSA damages track the TCPA at $500 per violation, trebled to $1,500 for willful or knowing violations, plus fees and costs where provided.

Consent, revocation and the 2025 FCC rules

Consent is the central battleground. Prior express written consent must be a clear and conspicuous written agreement, signed by the consumer, that authorizes calls using automated technology and identifies the seller. Buried checkbox consent bundled with dozens of partner brands is frequently attacked, and lead-generation chains often collapse under discovery.

The FCC's revocation rules require callers to honor a consumer's revocation of consent through any reasonable means, to stop within a defined period after receiving the request, and to treat revocation as applying to closely related messages from the same caller. Practically, a consumer who replies STOP, says stop calling on a recorded line, or emails an opt-out has revoked, and continued messaging after that is strong evidence of a knowing violation.

How to build a claim that survives

• Keep every message. Screenshot the full thread including sender number, short code, timestamps, and the STOP reply and its date.
• Log calls with date, time, number, whether a pause or click preceded a live agent, and the name of the entity mentioned.
• Register the number on the National Do Not Call Registry and note the registration date.
• Do not engage with the caller beyond identifying who they are and asking them to stop.
• Preserve any web form or landing page alleged to be the source of consent; consent records are the defense's entire case.