What does Florida's law on sales calls and texts mean for a small business?

Ascent Vision · Published October 26, 2026

Florida adds its own rules to the federal ones. Section 501.059 of the Florida Statutes covers sales calls, texts and voicemails: unsolicited sales calls that use automated dialing or a recorded message need prior express written consent, stop requests must be honored, and the state keeps its own do-not-call list. The separate Florida Telemarketing Act requires commercial telephone sellers to be licensed unless exempt, and limits calling hours and repeat calls. Call or text only with the person's consent. This is a plain summary, not legal advice.

What section 501.059 covers

Section 501.059, "Telephone solicitation", defines a telephonic sales call as "a telephone call, text message, or voicemail transmission to a consumer" made to solicit a sale of consumer goods or services, among other purposes, meaning property "normally used for personal, family, or household purposes" and related services.

A call counts as unsolicited unless, among other cases, it answers an express request of the person called, or goes to someone with whom the caller has a prior or existing business relationship. The definition leaves those calls out; other parts of the section, such as the stop-request rule, are not limited to unsolicited calls.

Consent, stop requests and lawsuits

Under subsection (8), no one may make an unsolicited sales call that uses "an automated system for the selection and dialing of telephone numbers", or a recorded message, without the called party's prior express written consent. That means a written agreement, signed by the called party, that clearly authorizes such automated or recorded calls, texts or voicemails, includes the phone number, and includes a clear and conspicuous disclosure that signing authorizes them and is not required to buy anything. A signature can include "checking a box indicating consent".

Subsection (5) bars a call, text or voicemail made by or on behalf of a seller to a consumer or business that has already told the caller it does not want one. Under subsection (10), a called party aggrieved by a violation can sue to stop it and to recover actual damages or a minimum amount the statute sets, whichever is greater, and a court may raise the award up to three times for a willful or knowing violation. Before suing for damages over sales texts, the person must first reply "STOP"; the business then has 15 days to stop.

The Florida Telemarketing Act

The Florida Telemarketing Act, sections 501.601 to 501.626, is a separate law. Section 501.605 says a commercial telephone seller must get a license from the Department of Agriculture and Consumer Services before doing business in the state, which includes soliciting buyers in Florida from other states.

Section 501.616 bars a commercial telephone solicitation call "before 8 a.m. or after 8 p.m." in the called person's time zone, and more than three such calls to a person over a 24-hour period on the same subject, whatever number is used. The department's do-not-call FAQ for businesses gives the hours as 8 a.m. through 9 p.m.; as general advice, keep to the narrower window.

Section 501.604 lists the exemptions, including soliciting contracts to maintain or repair goods the buyer bought from you, and soliciting people who previously bought from you or have an existing business relationship with you, if you call under the same exact business name. Section 501.608 says those two exemptions, among others, require filing a notarized affidavit of exemption with the department, and section 501.604 keeps exempt persons subject to section 501.608 and to section 501.616(6) and (7), the hours, call-limit and caller ID rules. The department's do-not-call FAQ calls the telemarketing and do-not-call programs "two separate statutes" and says a seller exempt as a telemarketer should still consider buying the state list to avoid violating section 501.059. Whether your business is exempt is a question for a lawyer.

Florida's own do-not-call list

The department keeps a state do-not-call list for residential, mobile and paging numbers; its consumer page says subscribing is free and a number stays on indefinitely. Section 501.059 bars unsolicited sales calls to numbers on the current quarterly list. The department's do-not-call page for businesses says businesses must keep a list of consumers who made a do-not-call request, and its FAQ says buying the national list does not replace buying the state list.

What it means for texting a lead or past customer

As general advice, text or call only with the person's consent, noted with the date. Someone who asked you to get in touch agreed to a reply about that request, not to later offers: ask separately before any offer. Record every stop request and honor it on every number you call or text from. For the federal rules, see the related answers on texting a new lead, on text message marketing and on using AI to call customers.

This page does not say whether any business is exempt or compliant; ask a lawyer before you build a calling or texting program. This is a plain summary, not legal advice.

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