(a) An unsolicited telephone call to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine used in accordance with the provisions of s. 501.059(8) for the purpose of inducing the person to purchase or invest in consumer goods or services;
3. The salesperson intends to complete a sale or enter into an agreement to purchase or invest in consumer goods or services during the course of the telephone call; or
(c) Other communication with a person which represents a price, quality, or availability of consumer goods or services and which invites a response by telephone or which is followed by a call to the person by a salesperson.A lot of folks are getting to 501.603(1)(a), seeing the word “unsolicited” and stopping on the assumption that only unsolicited calls are barred by the statute. While that is one valid reading of the statutory scheme, that may not be the whole story.
Look at 501.603(b) and (c)–the definition includes any “other communication” where a salesperson intends to complete a sale or where a consumer is invited to respond by telephone after being informed about the price of a good.
Read broadly, the phrase “other communication” means any call–whether solicited, or even one made with express written consent–where a sale might take place over the phone. That reading seems to be a stretch since the statute “clarifies” that “other communication” means “a written or oral notification…