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Texting Leads from Your Website Form: Florida's FTSA law
Florida Statute 501.059 (the FTSA) covers unsolicited sales messages sent with an automated system and asks for written consent. Since the 2023 amendment, checking a box that indicates consent can count as a signature. That's why your form needs a clear checkbox.
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What the law says (official text)
“An act that demonstrates express consent, including, but not limited to, checking a box indicating consent or responding affirmatively to receiving text messages, to an advertising campaign, or to an e-mail solicitation.”
In plain English: a signature can be an act that shows the person agrees, such as checking a box that indicates consent.
“Recover actual damages or $500, whichever is greater. … the court may, in its discretion, increase the amount of the award to an amount equal to not more than three times the amount available under paragraph (a).”
In plain English: actual damages or $500, whichever is greater, and up to three times that if the court finds the violation willful or knowing.
What the law says and what it doesn't
Covers calls and texts
“Telephonic sales call” includes phone calls, text messages and voicemail (501.059(1)(j)).
Asks for written consent
An agreement with the person's signature that clearly authorizes the messages (501.059(1)(g)).
A checkbox can be the signature
Checking a box that indicates consent counts as an act of signing (501.059(1)(h)).
Can't be a condition of buying
The agreement must say signing it is not required to purchase.
About unsolicited messages
It targets automated sales messages the person didn't ask for or agree to.
Not the only law
Other laws, including federal rules, may also apply. Talk to a Florida attorney about your case.
STOP and the 15 days
A person may sue over text messages only if they did not consent to receive them and the sender keeps texting 15 days after they asked it to stop.
Your texting system has to honor STOP every time, and so does your team.
How to build the checkbox on your form
An empty box right above the submit button
The person checks it themselves. Never pre-checked.
Who is texting and what they'll receive
Your company name and what the texts are for, for example about their quote.
How to cancel, and rates
“Reply STOP to cancel. Message and data rates may apply.”
Don't make it required
They should be able to request a quote without checking it. The law says signing can't be a condition of buying.
Keep the proof
Date and time, the exact form text they saw next to the box, and their name and phone number.
Your form recap (EXAMPLE wording, write it in your own words)
- ☐ I agree to receive text messages from Your Company Roofing about my quote. Reply STOP to cancel. Rates may apply.
- Box starts unchecked, next to the submit button
- Not required to request the quote
- You save date, time, form text, name and phone
- Your system honors STOP
- You reply fast: a call or text within minutes
I'll check your website form for free
Send me the link to your website and I'll tell you what your form is missing: the checkbox, the wording and how to keep the proof. No obligation.
Frequently asked questions
Can I text people who fill out my form?
It depends. The FTSA (501.059) covers unsolicited automated sales messages and asks for written consent; checking a clear box can count as a signature. Talk to a Florida attorney about your case.
What is the FTSA?
The Florida Telephone Solicitation Act, Statute 501.059. It covers sales calls and text messages.
Does a checked box count as consent?
Under 501.059(1)(h), checking a box that indicates consent can count as a signature. It should be clear and not required, and you should keep proof. It lowers risk but is not a guarantee.
How much can it cost?
Actual damages or $500, whichever is greater, and up to three times that if willful or knowing (501.059(10)).
What if they reply STOP?
You have 15 days to stop texting them. If you keep going, a lawsuit becomes possible (501.059(10)(c)). Your system should honor STOP every time.
Official sources
- Florida Statutes 501.059 (FTSA)
- Florida Senate: HB 761 (2023) bill summary
- Chapter 2023-150, Laws of Florida
We're not lawyers. This guide is general information about automated sales messages, not legal advice. For your case, talk to a Florida attorney.
