Catalog / Sends automated outreach / LXD-1596

Sends automated outreach, in Florida

Florida Electronic Mail Communications Actsince 2 lines

Fla. Stat. §§ 668.60-668.610 · Read the law's page

  • Do not initiate or assist in transmitting an unsolicited commercial email from a computer in Florida, or to an address held by a Florida resident, that uses a third party's Internet domain name without permission, carries falsified or missing routing information, a false or misleading subject line, or false or deceptive body content designed to damage the recipient's device; this does not apply to a message a computer virus sends or retransmits without the sender's knowledge or consent.
  • Do not distribute software or another system designed to falsify or omit information identifying the point of origin or transmission path of a commercial email message.
Florida Information Protection Act, data security and disposal dutysince 4 lines

Fla. Stat. § 501.171(2), (8) · Read the law's page

  • This binds each covered entity (a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity that acquires, maintains, stores, or uses personal information), each governmental entity, and each third-party agent, for the data-security duty; the disposal duty binds a covered entity or third-party agent, and its own text does not separately name a governmental entity.
  • Take reasonable measures to protect and secure data in electronic form containing personal information. The statute states no further content for what 'reasonable' requires beyond this general standard.
  • Take all reasonable measures to dispose, or arrange for the disposal, of customer records containing personal information within your custody or control once the records are no longer to be retained, by shredding, erasing, or otherwise modifying the personal information to make it unreadable or undecipherable through any means.
  • A violation of either duty is enforced only by the Department of Legal Affairs, as an unfair or deceptive trade practice under Fla. Stat. 501.207; there is no private right of action. A willful violation draws a civil penalty of up to $10,000 under the Florida Deceptive and Unfair Trade Practices Act's general penalty provision, Fla. Stat. 501.2075; the $500,000-capped penalty Fla. Stat. 501.171(9)(b) sets applies only to a violation of the separate breach-notification duty in subsection (3) or (4).
Florida Telephone Solicitation Act (section 501.059 as rewritten in 2021)since 7 lines

Fla. Stat. § 501.059 · Read the law's page

  • Screen an unsolicited telephonic sales call, text message, or voicemail transmission against the Department of Agriculture and Consumer Services' quarterly 'no sales solicitation calls' listing, and do not place such a communication to a number on it.
  • Identify yourself immediately, by your true first and last name and the business on whose behalf you are soliciting, upon making contact in an unsolicited telephonic sales call.
  • Do not initiate an outbound telephone call, text message, or voicemail transmission, including one soliciting a charitable contribution, to a person who has previously told you they do not wish to receive it.
  • Obtain the called party's prior express written consent, naming the seller and the number to be called, before placing an unsolicited telephonic sales call, text message, or voicemail transmission that uses an automated system for the selection and dialing of telephone numbers or a recorded message played on connection.
  • Transmit your originating telephone number, and your name where your carrier makes it available, to the caller identification service of anyone you place a telephonic sales call to, and do not intentionally alter your voice to disguise your identity in order to defraud, confuse, or injure the recipient.
  • If a called party replies STOP to a text message solicitation, stop sending text message solicitations to that number within 15 days; a called party who never consented may sue over text messages only if they keep coming after that window.
  • These identification, listing and automated-system duties do not apply to a call made in response to the called person's express request, a call primarily about an existing debt or contract not yet paid or performed, or a call to a person with whom you have a prior or existing business relationship; the duty to honor a person's own request not to be contacted again applies regardless.
Florida Digital Bill of Rights, controller data security rulesince 6 lines

Rule 2-3.002, Fla. Admin. Code · Read the law's page

  • Applies to a controller under the Florida Digital Bill of Rights, which you declare by stating that you are a controller: a for-profit entity that conducts business in Florida, collects personal data about consumers, determines the purposes and means of processing it and makes more than $1 billion in global gross annual revenues, and that also derives 50 percent or more of those revenues from online advertising, operates a consumer smart speaker and voice command component service, or operates an app store or digital distribution platform offering at least 250,000 applications, together with any entity that controls or is controlled by such a controller.
  • Protect the confidentiality, integrity and accessibility of the personal data you create, receive, process, archive, maintain or transmit from unauthorized access, use, disclosure, deletion or modification, with data security practices that comply with the risk management framework and standards of the National Institute of Standards and Technology that the rule adopts.
  • Apply the security practices for the most sensitive type of data to a data set of mixed sensitivity, and establish, implement and maintain procedures for the secure disposal of personal data.
  • Designate a qualified individual to oversee and implement the data security practices, and regularly test and monitor compliance with them, including key controls, systems and procedures.
  • Manage access permissions on the principles of least privilege and separation of duties, and maintain effective technical controls including encryption, audit controls that record and examine activity, time synchronization, and safeguards against unauthorized access or modification.
  • Limit and protect any storage of personal data on mobile electronic devices and passive storage media, and do not store personal data unencrypted on them.
Florida Telemarketing Actin force4 lines

Fla. Stat. §§ 501.601-501.626 · Read the law's page

  • Obtain a Department of Agriculture and Consumer Services license before doing business in this state as a commercial telephone seller or salesperson, on a written application accompanied by a bond, letter of credit, or certificate of deposit and a $1,500 fee, and do not employ or be affiliated with an unlicensed salesperson or commercial telephone seller.
  • Do not place a commercial telephone solicitation phone call, including one made through automated dialing or a recorded message, before 8 a.m. or after 8 p.m. local time in the called person's time zone.
  • Do not make more than three commercial telephone solicitation phone calls to a person over a 24-hour period on the same subject matter or issue, from any number.
  • Do not intentionally prevent transmission of your name or telephone number to the party called when your equipment can create and transmit it, and do not use technology that displays a different caller identification number than the one the call actually originates from to conceal your identity.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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