TCPA Litigation in Miami, Miami-Dade County, Broward County, and Throughout Florida
Representation in Telephone Consumer Protection Act and Florida telephone solicitation claims involving calls, texts, and faxes.
The Telephone Consumer Protection Act (TCPA) is a federal law that limits how businesses use automated dialing systems, artificial or prerecorded voice messages, text messages, and fax advertisements to contact people. Florida has its own version, the Florida Telephone Solicitation Act. Solnick Law represents clients in TCPA and Florida telephone solicitation matters in Florida state and federal courts.
What the TCPA Covers
- Calls or texts made with an automatic telephone dialing system without the required consent
- Calls that use an artificial or prerecorded voice
- Telemarketing calls to numbers on the National Do Not Call Registry
- Unsolicited fax advertisements
- Calls or texts that continue after consent has been revoked
Damages Under the TCPA
The TCPA, 47 U.S.C. § 227, allows a private lawsuit to recover actual monetary loss or $500 for each violation, whichever is greater. If the court finds the violation was willful or knowing, it may increase the award to as much as three times that amount. Because damages are counted per call or message, TCPA claims can add up quickly, and some are brought as class actions.
The Florida Telephone Solicitation Act
Florida's law, section 501.059, Florida Statutes, also restricts telephonic sales calls made with automated systems. The Florida Legislature amended the law in 2023. Among other changes, before a person can sue over text message solicitations, they generally must first reply "STOP," and the sender then has 15 days to stop sending those messages.
Recent Changes in TCPA Law
In June 2025, the U.S. Supreme Court held in McLaughlin Chiropractic Associates v. McKesson Corp. that district courts are not bound by the Federal Communications Commission's interpretation of the TCPA in these cases. Courts now interpret the statute themselves, while giving appropriate respect to the FCC's views. This can change how TCPA claims and defenses are evaluated.
How We Help
TCPA matters often turn on the details: call and text records, consent forms, opt-out requests, and the technology used to place the calls. Solnick Law reviews the facts, explains the options under federal and Florida law, and represents clients through negotiation, litigation, and trial when necessary.
Led by Peter Solnick
Peter Solnick has an extensive background in business law and litigation in Miami, Miami-Dade County, Broward County, and throughout Florida. He is admitted in all three Florida federal districts and the 11th Circuit Court of Appeals.
Schedule a Consultation
Contact us or call (786) 629-6530. You can also explore our other areas of practice.
Frequently Asked Questions
What is the TCPA?
The Telephone Consumer Protection Act of 1991 is a federal law that restricts certain telemarketing calls, autodialed and prerecorded calls, text messages, and fax advertisements.
Does Florida have its own telemarketing law?
Yes. The Florida Telephone Solicitation Act, section 501.059, Florida Statutes, also restricts telephonic sales calls and text messages, and it was amended in 2023.
Which courts hear TCPA cases in Miami?
TCPA cases can be heard in Florida state court or in federal court. In Miami-Dade, state cases go to the Eleventh Judicial Circuit, and federal cases go to the U.S. District Court for the Southern District of Florida.
Where is your office?
3363 NE 163rd Street, Unit 801, North Miami Beach, FL 33160. We represent clients throughout Florida.