by David O. Klein
Last month, a magistrate judge for the United States District Court for the Southern District of Florida issued an informative report and recommendation in Zononi v. CHW Grp., Inc ("CHW"). Plaintiff sued CHW for allegedly sending him multiple commercial text messages without his consent. Plaintiff alleges that these text messages violated both the Telephone Consumer Protection Act ("TCPA") and the Florida Telephone Solicitation Act ("FTSA"). In turn, defendant filed a motion to dismiss the action. The TCPA is a federal statute designed to protect consumer privacy by restricting certain types of telemarketing communications. The FTSA, colloquially known as a Mini-TCPA, is Florida's own set of telemarketing laws designed to regulate the delivery of intrastate telemarketing communications. Every day, numerous decisions are rendered in TCPA litigation across the country. The Zononi decision is notable because of the careful and detailed analysis of defendant's motion undertaken by the Court.