Federal and State Courts Diverge on Retroactivity and Standing Under Florida’s Telephone Solicitation Act

Business litigation partners Mike Daly and Marsha Indych and associate Emanuel McMiller coauthored an article titled, “Federal and State Courts Diverge on Retroactivity and Standing under Florida’s Telephone Solicitation Act.” The article covers amendments to the Florida Telephone Solicitation Act in response to a flood of litigation under the original version of the law have divided Florida’s state and federal courts.

In the article, the authors share that since HB761 was signed into law, courts have disagreed about whether its amendments apply retroactively to pending cases that were styled as class actions but had not been certified as such before HB 761’s enactment on May 25, 2023. Although that issue will only impact cases that predate HB 761, a staggering number of cases were filed before the remedial legislation was finalized.

The full article is available to ABA members.