In addition to nationwide, federal TCPA regulations and industry standards required by Twilio and cellular carriers, some states impose additional compliance regulations. In this article, we discuss Florida legislation passed in July 2021 (CS/SB 1120). If your brand is headquartered or has significant operations in Florida, these regulations may apply to a good portion of your messages.
The penalty per violation (per person receiving non-compliant messages) is between $500-$1,500. These legislation-level changes will affect all brands who have subscribers in Florida, regardless of what SMS platform they’re using.
What Are The Key Regulations?
- Longer quiet hours for Florida subscribers. Quiet hours begin at 8 pm in the recipient’s local timezone and end at 8 am in the recipient's local timezone.
- Limitations on Quiet Hour Messages. Conversational (replying to messages from the customer) and transactional messages (shipping confirmations) may no longer be permitted during quiet hours.
- Note: If a Florida resident subscribes to (or unsubscribes from) your store during quiet hours, Postscript will still send opt-in or opt-out messages as required by federal law.
Limit of 3 messages within 24 hours for a specific campaign or product. You cannot send more than 3 messages for a specific campaign or product within 24 hours.
- A campaign and automation addressing different products are likely unique enough to be counted separately (allowing for 2 sets of 3 messages).
How We're Solving for Quiet Hours
Postscript screens subscribers and customers by area code and shipping address state (provided by Shopify) to identify Florida residents and prevent messages from going to Florida numbers during Florida’s quiet hours (8 pm - 8 am in subscribers' local timezone).
Below is information regarding how Florida's quiet hours impact automations and campaigns.
Updating Your Terms
We have provided updated disclaimer language here. Refer to item #3, highlighted in green, for recommended T&C updates for Florida laws.
The section regarding Florida law reads as follows:
Postscript: Your Partner In Compliance
At Postscript, we believe in a product-led approach to compliance. This means that compliance will be built into every part of Postscript so you don’t have to think about all of the different requirements.
We’ve added new updates to our platform to help keep users compliant with these new laws, and we are committed to consistently updating our platform to meet changing requirements in the future.
Have questions? Please feel free to reach out to our wonderful Support team at firstname.lastname@example.org or via live chat. You can also submit a support request here!
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