As Florida businesses continue expanding their online presence, staying compliant with digital marketing laws has never been more crucial. From email and SMS to data collection and advertising, here’s what you need to know in 2025.
1. 📧 Email Marketing & CAN‑SPAM
Under the CAN‑SPAM Act, marketers must:
- Include a clear way for recipients to unsubscribe in each message.
- Avoid deceptive subject lines or misleading headers.
- Identify the message as an advertisement and provide a valid physical address.
While enforced federally, double-check your state rules too and keep records of all opt-outs and unsubscribes. iclg.com+9Federal Trade Commission+9GDPR Local+9GDPR Local+2sakari.io+2Klaviyo Help Center+2iclg.com
2. 📱 SMS & Telemarketing Rules: Florida’s Mini‑TCPA & FTSA
Florida enforces stringent rules via its Mini‑TCPA (CS/SB 1120) and the Florida Telephone Solicitation Act (FTSA):
- Express written consent is required before sending any marketing calls or texts to Florida residents. The Florida Bar+5blog.clickpointsoftware.com+5Klaviyo Help Center+5
- Messages are restricted to 8 AM–8 PM local time. GDPR Local+1sakari.io+1
- Only 3 messages per recipient in a rolling 24-hour period are allowed, even if sent from different numbers. sakari.io+2Klaviyo Help Center+2GDPR Local+2
- Caller identity must not be hidden—use a callable number in every message. Clifford Chance+8Klaviyo Help Center+8The Florida Bar+8
Businesses must respect both state and federal Do Not Call lists. Violations can result in private lawsuits and statutory damages starting at $500 per violation. The Florida Bar+3blog.clickpointsoftware.com+3sakari.io+3
3. 🔐 Florida’s Digital Bill of Rights (FDBR)
Effective since July 1, 2024, Florida’s Digital Bill of Rights applies most directly to large corporations—but imposes some universal requirements. uncommoncounsel.com+2globalprivacyblog.com+2secureprivacy.ai+2
Who is affected?
- Primary targets: for-profit businesses with $1 billion+ global revenue that generate half of their income via online ads, operate major app stores, or smart speakers. secureprivacy.ai+2globalprivacyblog.com+2uncommoncounsel.com+2
- Universal requirements: Any for-profit business collecting sensitive personal data from Florida residents must comply (regardless of revenue). globalprivacyblog.com
Key obligations:
- Transparency: privacy notices must clearly disclose what data is collected, shared, and how it’s used. uncommoncounsel.com+1globalprivacyblog.com+1
- Consumer rights: Floridians may request access, correction, deletion, or to opt out of data selling/targeting. Businesses must honor these rights within reasonable timeframes. GDPR Local+2secureprivacy.ai+2uncommoncounsel.com+2
- Restrict data sharing: must disclose third-party data transfers and obtain consent if sensitive data is involved. uncommoncounsel.comClifford Chance
- Data security: adopt reasonable technical, administrative, and physical safeguards. Conduct documented data protection assessments for riskier processing activities. Clifford Chance
- Automated decision-making / AI: if making decisions via AI, consumers must be notified and allowed to request human review. uncommoncounsel.com
Penalties can reach $50,000 per violation, or up to $150,000 if a child’s data is involved. uncommoncounsel.com
4. 📣 Advertising & Endorsements
Under FTC guidelines, Florida businesses must:
- Avoid misleading or deceptive ads, including exaggerated claims.
- Clearly disclose paid endorsements or influencer ads.
- Ensure .com disclosures are readable and properly formatted (e.g., “advertisement,” “sponsored,” etc.). Federal Trade Commission
These rules extend to online and offline advertising, including reviews and testimonials.
5. 🧾 Consumer Data, Privacy & AI Considerations
Even if your business doesn’t meet revenue thresholds, the FDBR still mandates strong privacy standards if you sell or process sensitive personal data:
- Personal data like race, health, religious beliefs, biometric info, or children’s data trigger more rigorous rules. uncommoncounsel.com+1secureprivacy.ai+1
- Retain full consent logs and provide easy-to-use opt-out mechanisms.
- If selling or sharing data, clearly inform users and enable opt-out before or at collection. GDPR Local
✅ Best Practices for Compliance
| Area | What To Do |
| Include opt-out link and physical address in all emails | |
| SMS/Text | Get written consent, limit sends to 8 AM–8 PM, ≤3/day, use callable number |
| Privacy Notices | Keep them clear, accessible, and updated annually |
| Consumer Data Requests | Set up a process to honor access, correction, deletion, deletion requests |
| Advertising | Avoid unsubstantiated claims, disclose paid content, follow .com disclosure guidance |
| Data Security | Conduct assessments, train staff, encrypt sensitive data |
Final Thoughts
Florida’s digital marketing regulations in 2025 are rigorous—but essential for protecting consumer trust and avoiding penalties. Whether you’re running targeted ads, sending campaign texts, or collecting user data via forms, compliance should be an integral part of your digital strategy.
Given rapid changes and evolving legal interpretations, always consult qualified legal advice when in doubt.
