Court Sets Hearing on Constitutional Concerns With Fla. Telemarketing Law
U.S. District Court in Miami scheduled a July 11 hearing on a motion to dismiss a class-action complaint filed under the Florida Telephone Solicitation Act (FTSA). The hearing in Mancilla v. GR Opco (case 1:22-cv-21211) starts at 9 a.m., Judge…
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Beth Bloom ordered Tuesday. Mancilla and others claimed GR Opco violated the state law by sending text messages promoting its goods and services. GR Opco sought to dismiss, including due to constitutional problems it sees with the FTSA. Mancilla’s allegations are "entirely conclusory, containing nothing more than a bare recitation of the statutory elements and lacking any supporting facts to invoke the statute,” the company said in a Tuesday reply brief. “The FTSA itself suffers from several constitutional defects. The statutory section at issue is unconstitutionally vague in violation of state and federal due process guarantees," it said. GR Opco called the FTSA "an impermissible content-based restriction on speech in violation of the free speech guarantees of the Florida and U.S. Constitutions" and "an unconstitutional impairment of the freedom to contract.”