Florida Anti-Spam Proposal Seeks Faster Text Opt-Outs and New Enforcement Powers

Florida Attorney General James Uthmeier is proposing new legislation aimed at strengthening the state’s rules against spam calls and texts, with measures addressing consumer opt-outs, impersonation scams, artificial intelligence, and large-scale communications operations.

The proposed Florida Anti-Spam Communications Act, announced September 17, would give the Florida Attorney General independent authority to investigate and take action against spam calls and texts. It would also provide prosecutors with additional tools targeting impersonation schemes, fake warrants, undisclosed AI voices, and infrastructure used to distribute communications at scale.

Among the proposal’s consumer-facing provisions is an effort to shorten the amount of time businesses have to honor requests to stop sending text messages.

This provision could intersect with Florida’s existing Telephone Solicitation Act, or FTSA, which currently contains a specific 15-day framework for text-message opt-outs and private damages claims.

Proposal Targets Calls, Texts and AI-Enabled Scams

Uthmeier’s proposal is broader than text-message opt-outs.

According to the Attorney General’s announcement, the legislation would strengthen Florida’s ability to address fraudulent communications delivered through phone calls, texts and AI-generated voices. The proposal also targets tools and infrastructure associated with high-volume communications campaigns.

The proposed legislation would make possession or importation of certain phone farms and SIM farms a felony and establish heightened criminal consequences for certain high-volume or high-loss fraud cases.

Communications providers would also face new responsibilities involving caller-ID authentication, traceback requests, and unlawful communications campaigns identified through written notice. The proposal would further give the Department of Legal Affairs independent authority to investigate spam calls and texts and pursue remedies against unlawful activity.

Faster Text Opt-Outs Enter the Discussion

For businesses using text messaging to communicate with Florida consumers, one of the most notable elements is the proposed treatment of opt-out requests.

The Attorney General’s announcement describes an effort to require businesses to honor requests to stop receiving messages “within days instead of weeks.”

An exact deadline, however, has not been established in the material currently available. But Florida law already provides a specific process governing STOP requests for text-message solicitations.

FTSA Currently Provides a 15-Day Window

Under Florida Statutes § 501.059(10)(c), a person seeking damages over text-message solicitations must first notify the telephone solicitor that they no longer want the messages by replying “STOP” to the number sending them.

The statute then gives the telephone solicitor 15 days after receiving that notice to stop sending text-message solicitations. A confirmation message acknowledging the request is permitted.

The same provision places conditions on when a consumer can bring an action for damages. The consumer must not have consented to the messages, and the telephone solicitor must continue sending them more than 15 days after the STOP request.

The 15-day framework was added as part of amendments enacted in 2023.

How the Two Standards Would Interact Remains Unclear

The Attorney General’s announcement does not establish whether the proposed faster opt-out requirement would replace or modify the FTSA’s existing 15-day provision.

That leaves at least two potentially separate questions: how quickly a sender would be required to honor an opt-out request, and when continued messages could support a private damages action under the FTSA.

These periods do not necessarily have to be identical.

For example, a future law could impose a shorter operational deadline for processing an opt-out without changing the conditions governing when an individual may bring a damages claim. Alternatively, lawmakers could amend both provisions.

The details will depend on the legislative language ultimately introduced and adopted.

Proposal Also Addresses Lead Data and Communications Providers

The proposal would also create consequences surrounding certain consumer information used in spam campaigns.

As per the Attorney General’s announcement, selling stolen lists used to target Florida telephone numbers would become a separate civil violation. The legislation would also strengthen the state’s ability to seek injunctions, restitution, and civil penalties in connection with prohibited communications practices.

Communications providers would face requirements involving caller-ID authentication and traceback requests. Providers receiving written notice concerning a named unlawful campaign could also be required to identify the relevant traffic and stop carrying it.

These provisions extend the proposal beyond individual callers or texters to other participants in the communications ecosystem.

Legislative Details Will Determine Compliance Impact

The Florida Anti-Spam Communications Act remains a proposal, rather than an enacted change to Florida law. The FTSA’s existing 15-day provision remains relevant to private damages claims involving text-message solicitations. Other restrictions on contacting people who have opted out may also apply.

For businesses communicating with Florida consumers, the final legislative text will determine the exact opt-out deadline and how it interacts with the FTSA’s existing private-action requirements. It will also clarify any additional responsibilities for communications providers and other businesses.