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More robocalls are coming, warns consumer attorney

Florida leads the nation in the number of robocalls and spam texts, according to reports.
AT&T will soon automatically block robocalls
Posted at 2:10 PM, Jun 20, 2023
and last updated 2023-06-20 14:12:22-04

A dubious honor for the Sunshine State.

Records show Florida residents get more spam and robocalls than any other state in the country.

“Florida is the capital of spam and scam. And it’s only going to get worse,” said Zach Zermay, a consumer lawyer in Fort Myers who specializes in robocalls and spam.

The reason Zermay believes you’re about to get more robocalls is because of new legislation signed into law by Gov. Ron DeSantis.

In 2021, Florida lawmakers passed legislation that banned some companies from using automated systems to make robocalls without permission from the person on the other end of the phone.

The regulations dramatically cut down on the number of robocalls Florida residents received.

In 2021, according to the Federal Trade Commission, Floridians made 388,000 complaints about robocalls and spam text messages.

By 2022, after the new rules went into effect, there was a 45% drop in the number of complaints.

“Talk to consumers and ask them if they support more robocalls and spam or less robocalls and spam. I think the overwhelming response will be the want less of it,” Zermay said.

Critics argue the legislation passed this spring would allow companies to make even more robocalls.

HB 761 signed by Gov. Ron DeSantis is designed to curtail so-called frivolous litigation from consumer attorneys.

The new law went into effect immediately and retroactively applied to cases not yet filed.

But supporters, like the Florida Retail Federation, say those consumer protections are still in the new legislation.

However, they argue the new law cuts down on the threat of litigation from consumers.

“The 2021 bill had a lot of great consumer protections in it. This bill does not change that. And what it really does is help retailers know what they can and cannot do when communication with current and future customers,” said Grace Lovett with the Florida Retail Federation.

If you want to crack down on these types of robocalls Zermay encourages consumers to sign up for the Do Not Call List.

You can also file a complaint with the Attorney General’s Office and the Federal Communications Commission.

“There are remedies and there’s only one way to stop this kind of spam and it’s through these avenues,” Zermay said. “I would encourage Floridians to do that.”

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