Yesterday, Florida’s Governor signed HB 761, which makes significant changes to the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059).

HB 761 states that these amendments will not only take effect immediately, but also apply retroactively to any pending FTSA action styled as a class action but was not certified as such before the Governor signed the law. But there are already signs that the law’s retroactivity provision will face challenges, including one court’s recent observation that the constitutionality of that particular provision is unclear. See Murray v. Riders Share, Inc., No. 6:22-cv-2329-PGB-DCI, 2023 U.S. Dist. LEXIS 83388, at *3 n.2 (M.D. Fla. May 12, 2023) (“Retroactive application of a civil statute ordinarily transgresses constitutional limitations on legislative power ‘if the statute impairs vested rights, creates new obligations, or imposes new penalties.’”).

We will keep you posted regarding the impact of the amended FTSA on the lawsuits that have flooded Florida’s courts in the last year and a half.

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