Legal Definitions - Florida Case-Law

Definition: Florida Case-Law refers to the legal decisions made by Florida courts that establish legal precedents for future cases. In the context of unsolicited telecommunications, Florida Case-Law has established that a private cause of action can be brought in state court for unsolicited fax advertisements under the U.S. Telephone Consumer Protection Act ("TCPA"), even though Florida's law prohibiting unsolicited fax advertisements does not specifically enable this.

Example: In Condon v. Office Depot, a Florida court ruled that a private individual could bring a lawsuit against Office Depot for sending unsolicited fax advertisements, even though Florida's law did not explicitly allow for such a lawsuit. The court based its decision on the TCPA, a federal law that prohibits unsolicited fax advertisements and allows for private lawsuits to be brought against violators.

Explanation: This example illustrates how Florida Case-Law can be used to fill gaps in state law and provide individuals with legal remedies for harms they have suffered. In this case, the court recognized that the TCPA provided a private cause of action for unsolicited fax advertisements, even though Florida's law did not explicitly allow for such a lawsuit. As a result, the plaintiff was able to bring a lawsuit against Office Depot and seek damages for the harm caused by the unsolicited fax advertisements.