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2023 Florida Statutes (including 2023C)

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 501 CONSUMER PROTECTION Entire Chapter
SECTION 616
Unlawful acts and practices.
F.S. 501.616
501.616 Unlawful acts and practices.—
(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) A commercial telephone seller may not employ or be affiliated with an unlicensed salesperson.
(3) A salesperson may not be employed by or affiliated with an unlicensed commercial telephone seller.
(4) A commercial telephone seller or salesperson must be licensed.
(5) A salesperson or commercial telephone seller may not otherwise violate this part.
(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) 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.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 8, ch. 99-307; s. 11, ch. 2014-147; s. 2, ch. 2021-185.