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Actual Florida FTSA Cases and Settlements
Real-World Examples of Text Message Marketing Penalties
Florida's Telephone Solicitation Act (FTSA) is not theoretical - companies are being sued and paying significant settlements. This presentation documents actual enforcement cases to demonstrate real penalties and risks.
Case #1: Sunshine Life & Health Advisors
First FTSA Class Action Settlement - $2.1 Million
The Company
Sunshine Life & Health Advisors, a Florida insurance company, sent marketing text messages without prior express written consent starting July 2021.
The Violation
Luis Alejandro Alvarez claimed he received marketing texts that caused intrusion on his time, frustration, and wasted phone usage - all without his consent.
The Settlement
Settled November 2022 for $2,100,000 covering approximately 7,000 people. Each class member received $250, with attorney fees consuming roughly 30% of the fund.
Case Name: Alvarez v. Sunshine Life & Health Advisors LLC, Circuit Court of the Eleventh Judicial Circuit, Miami-Dade County (Case No. 2021-015837-CA-01). The company denied wrongdoing but settled "in the interest of avoiding the continued costs and risks of litigation."
Breaking Down the Sunshine Life Settlement
$2.7M
Total Settlement Fund
Complete settlement amount paid by Sunshine Life & Health Advisors
7K
Class Size
Approximate number of people who received unauthorized marketing texts
$250
Per Person Payment
Amount each class member received from the settlement
$300
Average Cost Per Text
Total cost including settlement, attorney fees, and administrative expenses
This was the first FTSA class action settlement, setting a precedent for future cases. The company agreed to adopt policies to achieve FTSA compliance and obtain express written consent before sending future texts. Settlement approved November 2022.
Case #2: Leigue v. Everglades College
Court Clarifies FTSA Penalties (2023)
Good News for Businesses
  • Statutory damages limited to $500 per ACTION (not per violation)
  • Can be trebled to $1,500 if willful - lower than originally thought
  • Class actions harder to certify after amendments
  • Plaintiffs must prove actual damages, not just "annoyance"
Bad News for Businesses
  • Still $500-$1,500 per action in penalties
  • Individual lawsuits remain possible
  • Private right of action still exists
  • Can be combined with federal TCPA claims
This Florida State Court decision provided important clarifications on FTSA enforcement. While it made class certification more difficult and required proof of actual financial harm beyond frustration, the law still poses significant risk for non-compliant businesses.
Case #3: Holton v. eXp Realty
The "STOP" Safe Harbor Provision (2023)
01
Plaintiff's Claims
Defendant used autodialer to send unsolicited marketing texts. Case filed February 2023 before May amendments, seeking class action status.
02
Court's Ruling
FTSA amendments apply to uncertified class actions. Plaintiff must comply with "STOP" safe harbor provision before filing suit.
03
New Requirements
Recipients must text "STOP" to opt out and wait 30 days before filing suit. If company stops within 30 days, no liability.
04
Impact
Class allegations struck because plaintiff didn't text "STOP." This provision reduces frivolous lawsuits but doesn't eliminate risk.
Middle District of Florida ruling. This case demonstrates how recent FTSA amendments provide some protection for businesses, but compliance remains essential.
Recent FTSA Litigation Trends
Significant Uptick in Cases (2023-2024)
According to Morrison Foerster (November 2023): "The FTSA's private right of action has made the law an area of concern for businesses marketing to consumers through phone calls or text messages."
Oscar de la Renta
Class action over caller ID violations filed September 2023. Focus on texts without proper callback number identification.
Bella Sloan Enterprises
TCPA/FTSA class action for late-night texts filed October 2023. Combined federal and state law violations.
Multiple Companies
$1M+ demand FTSA class actions filed throughout 2024. Many cases filed in Florida state courts rather than federal courts.
Class action settlements are ranging from $50-$250 per person. The trend shows increasing enforcement and willingness of plaintiffs' attorneys to pursue these cases aggressively.
Federal TCPA Settlements for Context
FTSA Adds to Federal Exposure
Federal TCPA settlements are massive, ranging from $3 million to $40 million. Per-person recoveries typically range from $50-$500. The key point: Florida FTSA adds ADDITIONAL exposure on top of federal TCPA penalties. Companies can be sued under both laws simultaneously for the same conduct.
Risk Analysis: Extrapolating to Your Campaign
Based on Actual Sunshine Life Settlement Costs
1,000 Texts
Using Sunshine Life rate of $300/text
Estimated Cost: $300,000
10,000 Texts
Using Sunshine Life rate of $300/text
Estimated Cost: $3,000,000
50,000 Texts
Using Sunshine Life rate of $300/text
Estimated Cost: $15,000,000

Important: This is JUST Florida FTSA exposure. It doesn't include federal TCPA penalties ($500-$1,500 per text), HIPAA penalties ($100-$50,000 per violation), or other state laws. All three can be enforced simultaneously against healthcare companies.
Complete Penalty Exposure
Conservative vs. Worst-Case Scenarios
Conservative Estimate
Based on actual settlement patterns:
  • 10,000 texts × $300/text = $3,000,000
  • Plus federal TCPA: $500K-$5M
  • Plus HIPAA: $100K+
  • Total: $3.6M - $8.1M
Most likely outcome: Settlement similar to Sunshine Life at $200-$500 per text all-in cost.
Worst-Case Estimate
Statutory maximum penalties:
  • Federal TCPA: $15,000,000 (willful)
  • Florida FTSA: $10,000,000 (Class IV)
  • HIPAA: $500,000+
  • Total: $25M+
While unlikely, these maximum penalties are legally possible for willful violations.
Key Takeaways
1
Florida FTSA Is Real - Not Theoretical
First settlement: $2.1M (Sunshine Life, 2022). Actual per-person payments: $250 each. Actual cost per text: ~$300 including all costs. Ongoing litigation: Multiple cases filed 2023-2024.
2
Companies Are Paying Millions
Sunshine Life: $2.1M for ~7,000 texts. Other TCPA settlements: $3M-$40M. Average per-person recovery: $50-$500. Healthcare companies face additional HIPAA exposure.
3
Recent Amendments Reduced Some Risk
Good news: Penalties may be $500-$1,500 per action (not per text), "STOP" safe harbor provision exists, class actions harder to certify. Bad news: Individual lawsuits still possible, can be combined with federal TCPA.
4
Compliant Solutions Exist
There ARE compliant ways to text patients - you just need their written consent first. Let's implement proper consent procedures to avoid becoming the next Sunshine Life case study.