Do FTSA damages stack on top of TCPA damages for the same call?
Yes. The federal and Florida statutes create separate claims, each with its own $500 to $1,500 per call or text, so a single call to a Florida recipient can be counted under both. Demand letters to businesses that called Florida numbers usually show both figures.
Yes. The TCPA and the Florida Telephone Solicitation Act are different statutes creating different claims, and each carries its own $500 per violation, rising to $1,500 if willful or knowing. The federal figures are in 47 U.S.C. § 227(b)(3) and § 227(c)(5); the Florida figures are in Fla. Stat. § 501.059(10). A marketing text sent with an automated system to a Florida cell phone without written consent breaches both, and a demand letter to the sender will usually count it under both.
How a letter adds it up
| Per call or text | Base | Willful or knowing |
|---|---|---|
| Federal, 47 U.S.C. § 227 | $500 | up to $1,500 |
| Florida, Fla. Stat. § 501.059 | $500 | up to $1,500 |
| Combined | $1,000 | up to $3,000 |
And one call can breach more than one federal provision, for example § 227(b) for the autodialer and § 227(c) for the Do Not Call Registry, so letters sometimes count higher still. The arithmetic is checkable row by row.
The Florida conditions
For texts, the Florida claim since 2023 requires a STOP reply and fifteen days of continued messages, so messages before the STOP are federal-only and messages after the window are both. For calls, the Florida act's consent, hours and frequency rules apply, which are stricter than federal; see what the FTSA is.
What it means for the decision
A business that called or texted Florida numbers has roughly double the per-call exposure of one that did not, which changes the arithmetic on whether to settle. It also means that consent records, which remove a number from both counts, are worth twice as much.
People also ask
Can a court award both?
They are distinct statutory claims and demand letters count both. Whether and how a particular court would award under both on the same facts is a question for a Florida lawyer; plan on the exposure being counted that way.
What is the maximum for one call?
At the top of each range, $1,500 federal plus $1,500 Florida for a willful violation, before considering that one call can breach more than one federal provision.
What about other states?
Several states have their own telemarketing statutes with private rights of action, including Oklahoma and Washington. Each has its own figures and conditions.