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FTSA Dismissal Decisions Update: One Win, One New Loss [telecom]
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Bill Horne
Sep 22, 2022, 2:42:16 PM9/22/22
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by Daniel S. Blynn
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.
https://tinyurl.com/2hhwtjvr
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.
https://tinyurl.com/2hhwtjvr
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