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Florida court allows FTSA claim to proceed despite defendant's alleged established business relationship
An established business relationship (EBR) is normally a defense to a TCPA violation because the term telephone solicitation excludes calls made with consent or to a person with whom the caller has an EBR. A Florida court allowed an FTSA claim to proceed despite the defendant's alleged EBR, according to TCPAWorld's coverage of the ruling.
Why it matters: An EBR is a common defense businesses rely on when contacting past customers. If a court lets a claim proceed despite an alleged EBR, that defense may be harder to count on than businesses assumed, raising the stakes for how contact consent is documented before calls or texts go out.