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FTSA’s Application to Nonprofits Remains Unsettled as Florida’s Legislative Session Will End Without Remedial Legislation

At a Glance

  • Florida’s latest legislative session will close without action on two companion bills that would have limited the scope of the Florida Telephone Solicitation Act (FTSA).
  • The bills were introduced after courts disagreed about whether the FTSA applies to solicitations by a nonprofit university.
  • The bills would have amended the FTSA’s definitions to expressly exclude solicitations that nonprofits make for religious, charitable, political, or educational purposes.
  • Although the same or similar bills may be introduced in the next legislative session, nonprofits should be aware of the uncertainty and proceed accordingly in the meantime.

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Court Dismisses TCPA Case Due to Failure to Plausibly Allege That the Defendant Made the Calls at Issue

A recent decision out of the Eastern District of Virginia, Matthews v. Senior Life Ins. Co., provides a helpful reminder that TCPA complaints do not satisfy Rule 8’s pleading standard if they do not plausibly link the defendant to the making of the calls or texts at issue — even if there is no dispute that the calls concerned the defendant’s goods or services. No. 24-1550, 2025 WL 1181789 (E.D. Va. Apr. 22, 2025).

In Matthews, the plaintiff allegedly received three scripted telemarketing calls asking qualifying questions about life insurance offered by the defendant, Senior Life Insurance Company (SLIC). Id. at *1. The plaintiff alleged that the questions were the same each time and, during one of those calls, he was connected to and then spoke with an SLIC employee. Id.

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