by Daniel S. Blynn
Everyone remember that Alvarez v. Sunshine Life & Health Advisors LLC
putative Florida Telephone Solicitation Act (FTSA) litigation we've
covered? You know, the one where the plaintiff's counsel argued that
the FTSA extends to text messages, whereas its federal counterpart,
the Telephone Consumer Protection Act (TCPA), "doesn't even regulate
text messages"? It's the case where the state trial court (wrongly)
denied the defendant's motion to dismiss - the first dismissal
decision in an FTSA case, although it had virtually nothing to do with
the substance of the statute - finding that the receipt of two
allegedly unsolicited, autodialed marketing text messages was enough
to confer standing under Florida law. Yeah, that Alvarez case.
https://tinyurl.com/2jmpwr4v
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