Fla. AG Seeks Immediate Injunction in Robocalls Case

Florida urged a federal court to quickly issue a permanent injunction against Smartbiz Telecom to stop scam calls. Attorney General Ashley Moody (R) filed the motion Wednesday at the U.S. District Court for Southern Florida in case 1:22-cv-23945. Last month, the court partly granted Florida’s request for summary judgment, ruling that Smartbiz may be held liable for illegal robocalls transmitted over its network under the Truth in Caller ID Act and the Telemarketing Sales Rule (see 2409200034). However, the court said it would move to trial on the state’s additional counts alleging Telephone Consumer Protection Act (TCPA) violations. “Defendant is actively transmitting high volumes of fraudulent and otherwise illegal robocalls into the United States,” said Moody. “Entry of a permanent injunction as soon as possible and prior to the final disposition of this action will prevent avoidable fraud losses caused by the scam calls Defendant continues to transmit to consumers.” Enjoining Smartbiz would be appropriate regardless of whether the AG succeeds in trial on the TCPA counts, added the Florida AG. Given the company’s “intentional, repeated illegal conduct and dishonesty,” the court should “cut Defendant off from the United States telephone network,” said Moody: That would be “the least restrictive measure that will still end Defendant’s dangerous and illegal conduct.”