Recent Case Law Shows Insufficiency of FTSA Claims: Shipkevich

Receiving an unsolicited telemarketing call alone doesn't constitute a violation of the Florida Telephone Solicitation Act, posted the Shipkevich law firm Wednesday. The U.S. District Court in Orlando held in a class-action suit in mid-September “that merely receiving an unsolicited marketing call is not enough to give a consumer standing to bring a claim” alleging an FTSA violation, it said. In the case of Davis v. Coast Dental, the plaintiffs claimed the defendant used computer software that automatically selected and dialed the class members’ phone numbers. But in reaching its conclusion, “the court reasoned that the allegation was insufficient to state a claim because it was a conclusory allegation that merely parroted the FTSA,” said the law firm. “The court opined that the plaintiff could have alleged various facts related to the transmission of calls in raising their claim. The court ultimately concluded that merely alleging that one received an unsolicited call is insufficient to state a claim.”