This year, through Senate Bill 1120 (SB 1120), Florida adopted its own version of the Telephone Consumer Protection Act, which has been referred to as Florida’s Mini-TCPA. Florida’s Mini-TCPA has striking similarities to the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, et. seq. Florida’s expansion of its telemarketing laws harmonizes Florida law
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Avoiding and Defending Class Action Claims Under the Florida Security of Communications Act
A new class action trend aimed at large companies has emerged in the United States. New York, California, and Florida have been the breeding grounds for these class action claims brought under each state’s “wiretapping” laws. More specifically, classes bringing these claims have accused companies of violating wiretapping laws by tracking user data on their…
How to Prevent Public Access to Confidential Business Information Through Motions to Seal Records
In Florida, the public and press have a fundamental right of access to judicial proceedings, which includes access to documents submitted to the court. This may be troublesome for businesses seeking to maintain the confidentiality of sensitive information, such as trade secrets or other proprietary information. However, under certain circumstances, a court can place limitations…
5 Things You Need to Know About Obtaining Discovery From Mobile Electronic Devices
The Florida Rules of Civil Procedure allow any party to request from another party production of relevant electronically stored information (“ESI”) if the ESI is in the custody and control of the producing party. Fla. R. Civ. P. 1.350. “Custody and control” not only includes desktop computers, but also mobile devices such as laptops,…
How to Know if Your Website Needs to be ADA Compliant in Florida
Does your website have to be ADA compliant?
Title III of the American’s With Disabilities Act (“ADA”) provides that people shall not be discriminated against on the basis of disability in the “full and equal enjoyment” of goods, services, privileges, facilities or accommodations. Under Title III, private businesses must make reasonable accommodations for disabled persons…
Social Media: Is it Discoverable?
Many people routinely document their lives through interactions on social media forums such as Facebook, Twitter, LinkedIn, or some other social media site. With social media becoming more and more a part of our everyday lives, the content of social media has inevitably become valuable to litigation. While you may be shaking your head and…
Social Media: Is it Discoverable?
Many people routinely document their lives through interactions on social media forums such as Facebook, Twitter, LinkedIn, or some other social media site. With social media becoming more and more a part of our everyday lives, the content of social media has inevitably become valuable to litigation. While you may be shaking your head and…
Compliance With New Florida Rule of Judicial Administration 2.516: E-mail Service
A new rule set forth by the Florida Supreme Court last year altered the manner in which attorneys have been serving court papers by requiring service by electronic mail, or “e-mail.” Although the rule is fairly straight forward, this attorney has noticed that the majority of e-served documents received do not fully comply with the…