Fla. Stat. § 501.616
Unlawful acts and practices
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2021
As of January 1, 2011
(1) It shall be unlawful for any commercial telephone seller or salesperson to require that payment be by credit card authorization or otherwise to announce a preference for that method of payment.
(1) A commercial telephone seller or salesperson may not directly or indirectly accept a novelty payment, as defined in s. 501.603(8) or by rule, as payment for goods or services offered or sold through telemarketing.
(2) It shall be unlawful for any commercial telephone seller to employ, or be affiliated with, any unlicensed salesperson.
(2) A commercial telephone seller may not employ or be affiliated with an unlicensed salesperson.
(3) It shall be unlawful for any salesperson to be employed by, or affiliated with, an unlicensed commercial telephone seller.
(3) A salesperson may not be employed by or affiliated with an unlicensed commercial telephone seller.
(4) It shall be unlawful for any commercial telephone seller or salesperson to be unlicensed.
(4) A commercial telephone seller or salesperson must be licensed.
(5) It shall be unlawful for any salesperson or commercial telephone seller to otherwise violate the provisions of this part.
(5) A salesperson or commercial telephone seller may not otherwise violate this part.
(6) It shall be unlawful for any commercial telephone seller or salesperson to make a commercial telephone solicitation phone call before 8:00 a.m. or after 9:00 p.m. local time at the called person’s location.
(6) A commercial telephone seller or salesperson may not make any of the following types of phone calls, including calls made through automated dialing or recorded messages: (a) A commercial telephone solicitation phone call before 8 a.m. or after 8 p.m. local time in the called person’s time zone. (b) More than three commercial telephone solicitation phone calls from any number to a person over a 24-hour period on the same subject matter or issue, regardless of the phone number used to make the call.
(7) It shall be unlawful for any commercial telephone seller or salesperson making telephonic solicitations to take any intentional action to prevent transmission of the telephone solicitor’s name or telephone number to the party called when the equipment or service used by the telephone solicitor is capable of creating and transmitting the telephone solicitor’s name or telephone number.
(7) A commercial telephone seller or salesperson making a commercial telephone solicitation call may not: (a) Intentionally act to prevent transmission of the telephone solicitor’s name or telephone number to the party called when the equipment or service used by the telephone solicitor is capable of creating and transmitting the telephone solicitor’s name or telephone number. (b) Use technology that deliberately displays a different caller identification number than the number the call is originating from to conceal the true identity of the caller. A commercial telephone seller or salesperson who makes a call using such technology commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.