501.601 – Short title.

501.601 Short title.—This part may be cited as the “Florida Telemarketing Act.” History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429.

501.602 – Purpose.

501.602 Purpose.—The provisions of this part shall be construed liberally to promote the general welfare of the public and the integrity of the telemarketing industry. History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429.

501.603 – Definitions.

501.603 Definitions.—As used in this part, unless the context otherwise requires, the term: (1) “Commercial telephone solicitation” means: (a) An unsolicited telephone call to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine used in accordance with the provisions of s. 501.059(8) for the purpose of inducing the person to purchase or […]

501.604 – Exemptions.

501.604 Exemptions.—The provisions of this part, except ss. 501.608 and 501.616(6) and (7), do not apply to: (1) A person engaging in commercial telephone solicitation where the solicitation is an isolated transaction and not done in the course of a pattern of repeated transactions of like nature. (2) A person soliciting for religious, charitable, political, or educational purposes. […]

501.605 – Licensure of commercial telephone sellers and entities providing substance abuse marketing services.

501.605 Licensure of commercial telephone sellers and entities providing substance abuse marketing services.— (1) Before doing business in this state, a commercial telephone seller or an entity providing substance abuse marketing services in accordance with s. 397.55 shall obtain a license from the department. Doing business in this state includes either telephone solicitation from a location in […]

501.606 – Disclosures required of commercial telephone sellers and entities providing substance abuse marketing services.

501.606 Disclosures required of commercial telephone sellers and entities providing substance abuse marketing services.— (1) With respect to any person identified pursuant to s. 501.605, an applicant for a license as a commercial telephone seller or as an entity providing substance abuse marketing services must state in his or her application the identity of any affiliated commercial […]

501.607 – Licensure of salespersons.

501.607 Licensure of salespersons.— (1) An applicant for a license as a salesperson must submit to the department, in such form as it prescribes, a written application for a license. The application must set forth the following information: (a) The true name, date of birth, driver license number or other valid form of identification, and home address of […]

501.608 – License or affidavit of exemption; occupational license.

501.608 License or affidavit of exemption; occupational license.— (1)(a) The department shall issue to each approved applicant a license in such form and size as is prescribed by the department and, in the case of a commercial telephone seller who is not exempt under the provisions of s. 501.604, shall issue a license for each location at […]

501.609 – License renewal.

501.609 License renewal.— (1) Each person licensed under the provisions of this part must renew his or her license annually by paying the fee for licensing and submitting to the department the application required by this part. (2) Except as otherwise provided in subsection (3), if any material change in the information submitted for licensing occurs before the […]

501.611 – Security.

501.611 Security.— (1) An application filed pursuant to s. 501.605 must be accompanied by: (a) A bond executed by a corporate surety approved by the department and licensed to do business in this state; (b) An irrevocable letter of credit issued for the benefit of the applicant by a bank whose deposits are insured by an agency of the […]

501.612 – Grounds for departmental action against licensure applicants or licensees.

501.612 Grounds for departmental action against licensure applicants or licensees.— (1) The department may enter an order directing that one or more of the actions set forth in subsection (2) be taken if the department finds that a commercial telephone seller or salesperson or an entity providing substance abuse marketing services, or any person applying for licensure […]

501.613 – General disclosures.

501.613 General disclosures.— (1) Within the first 30 seconds of a telephone call, a commercial telephone seller or salesperson shall identify herself or himself by stating her or his true name, the company on whose behalf the solicitation is being made, and the consumer goods or services being sold. (2) If a sale or an agreement to purchase […]

501.614 – Disclosures of gifts and premiums.

501.614 Disclosures of gifts and premiums.—If a commercial telephone seller expressly or impliedly represents to any prospective purchaser, directly or through a salesperson, that the purchaser is or may be eligible to receive any gift, premium, bonus, or prize, however denominated, the commercial telephone seller shall submit to the department a statement setting forth, for each […]

501.615 – Written contract; cancellation; refund.

501.615 Written contract; cancellation; refund.— (1) A purchase of consumer goods or services ordered as a result of a commercial telephone solicitation as defined in this part, if not followed by a signed written contract, is not final. If a contract is not made in compliance with this section, it is not valid and enforceable against the […]

501.616 – Unlawful acts and practices.

501.616 Unlawful acts and practices.— (1) A commercial telephone seller or salesperson may not directly or indirectly accept a novelty payment, as defined in s. 501.603(8) or by rule, as payment for goods or services offered or sold through telemarketing. (2) A commercial telephone seller may not employ or be affiliated with an unlicensed salesperson. (3) A salesperson may […]

501.617 – Investigative powers of enforcing authority.

501.617 Investigative powers of enforcing authority.— (1) If, by her or his own inquiries or as a result of complaints, the enforcing authority has reason to believe that a person has engaged in, or is engaging in, an act or practice that violates this part, she or he may administer oaths and affirmations, subpoena witnesses or matter, […]

501.6175 – Recordkeeping.

501.6175 Recordkeeping.—A commercial telephone seller shall keep all of the following information for 2 years after the date the information first becomes part of the seller’s business records: (1) The name and telephone number of each consumer contacted by a telephone sales call. (2) All express requests authorizing the telephone solicitor to contact the consumer. (3) Any script, outline, […]

501.618 – General civil remedies.

501.618 General civil remedies.—The department may bring: (1) An action to obtain a declaratory judgment that an act or practice violates the provisions of this part. (2) An action to enjoin a person who has violated, is violating, or is otherwise likely to violate the provisions of this part. (3) An action on behalf of one or more purchasers […]

501.619 – Civil penalties.

501.619 Civil penalties.—A person who engages in any act or practice declared in this part to be unlawful is liable for a civil penalty in the Class III category pursuant to s. 570.971 for each such violation. This civil penalty may be recovered in any action brought under this part by the department, or the department […]

501.621 – Attorney’s fees and costs.

501.621 Attorney’s fees and costs.— (1) In any civil action or investigation resulting from a transaction involving a violation of the provisions of this part, except as provided in subsection (3), the department shall receive reasonable attorney’s fees and costs from the nonprevailing party. (2) Any award of attorney’s fees or costs shall become a part of the […]