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Miami · Email, texts and Florida law

Email and SMS marketing in Miami in the language each customer reads.

Email and SMS marketing means writing to customers who already gave you their email or their number. For Miami businesses we send two email campaigns a month, in English, Spanish or both, for $650.00 a month. Texts have no set price: we quote them on the call, and they only go to people who agreed in writing.

Complaints about unwanted sales calls per 100,000 residentsDo Not Call complaints to the FTC in fiscal year 2025, in the four most populous states. Florida ranks 5th of the 50 states. Florida law counts a sales text as a sales call.
  1. Florida
    933
  2. California
    776
  3. Texas
    770
  4. New York
    633
Federal Trade Commission, National Do Not Call Registry Data Book 2025, published December 2025.

Florida law

Florida counts a sales text as a sales call

Under section 501.059 of the Florida Statutes, a call, text or voicemail to a consumer is a “telephonic sales call” when it seeks to sell consumer goods or services.

An unsolicited sales text sent with an automated system for selecting and dialing numbers needs the person’s prior express written consent. That consent is a written agreement, signed by the person, that clearly authorizes the seller to send automated sales texts to a given number. It must also say clearly that agreeing is not a condition of buying. Checking a box that indicates consent counts as a signature.

The statute bars texting a person who has already said they do not want that seller’s texts. It also requires a person to reply STOP before suing for damages over sales texts.

Whether a rule reaches your texts depends on your business and on the tool that sends them. We are a marketing agency, not a law firm, so confirm your case with your lawyer.

Section 501.059 sets no hours. Section 501.616 does, for the telemarketers who must hold a Florida license: no sales calls before 8:00 AM or after 8:00 PM in the called person’s time zone, and no more than 3 on one subject in 24 hours.

Year the STOP step for texts was added
2023
Days after a STOP before a person can sue over texts that keep coming
15
Damages a person can claim, at least
$500.00
A court may multiply the award for a willful or knowing violation by up to
3
Miami-Dade area codes, presumed to reach someone in Florida
305 · 786 · 645

Sources: Florida Statutes 2026, sections 501.059 and 501.616; chapter 2023-150, Laws of Florida, approved May 25, 2023; Florida Public Service Commission, 305/786 area code overlay. Read October 9, 2026.Read section 501.059

Federal rules

Hours, STOP words and the email rules

The TCPA is a federal law on calls, and the FCC says texts count as calls under it. Since March 2024, FCC rules also say that the hours and the National Do Not Call Registry apply to marketing texts. For an autodialed marketing text to a cell phone, they ask for prior express written consent.

For email, the FTC’s CAN-SPAM guide asks for honest sender and subject lines. Each marketing email also has to carry a valid postal address and an easy way to opt out. Hiring an agency does not move that duty: the FTC says you cannot contract it away.

The FCC names seven STOP words: “stop”, “quit”, “end”, “revoke”, “opt out”, “cancel” and “unsubscribe”. Other words count too when a reasonable person would read them as a request to stop.

Hours
8:00 AM to 9:00 PM, the customer’s local time
STOP
Honored within 10 business days at most
After a STOP
One text, only to confirm it
Email opt-out
Honored within 10 business days
Opt-out link
Working at least 30 days after the send
Penalty
Up to $53,088.00 per email in violation, adjusted for inflation

Sources: 47 CFR 64.1200, eCFR current to October 7, 2026; FCC, 89 FR 5098, January 26, 2024; 47 U.S.C. 227; FTC, “CAN-SPAM Act: A Compliance Guide for Business”. Read October 9, 2026.Read the FTC guide

Your list

From the sign-up form to the STOP

Texts get their own box on your forms, unticked and in the form’s language. Without that box ticked, the person only hears from you by email.

Each campaign is written for each language on your list and sent from your platform, with your postal address and an unsubscribe link in every email.

A STOP, a “no más” or any other reply asking to stop takes the number off the text list. The person gets one confirmation and keeps getting your emails.

An unsubscribe works like a STOP: the address leaves the list for every campaign, in both languages. Before anything goes out, a person on our team reads and approves it, in each language.

Sources: 47 CFR 64.1200(a)(10) and (a)(12); FTC, “CAN-SPAM Act: A Compliance Guide for Business”.

The plan

What $650.00 a month covers

On our pricing page it is called “Email campaigns (2 a month)”: two campaigns a month to your own list, month to month.

Spanish is spoken in 70% of Miami-Dade households, and in a third of those nobody 14 or older speaks English very well. So each campaign can go out in both languages, each with a subject line written for its reader.

Prices do not include sales tax. Where Florida applies it, it is added to the invoice.

Price

$650.00 a month, month to month

Versions

Up to 4 per campaign, split by language and type of customer

Platform

Yours: the list never leaves your account

After each send

A short report, and a cleaned list every quarter

Lists

Your own contacts, never bought ones

Not included

Your platform’s subscription

Texts

Outside this plan. Replies to new leads belong to lead follow-up, and text campaigns get their own quote.

Source: U.S. Census Bureau, American Community Survey 2024 1-year estimates, table C16002.

Questions

What Miami owners ask about email, texts and the law

How much does an email marketing agency cost in Miami?

With us, “Email campaigns (2 a month)” costs $650.00 a month, month to month, in English, Spanish or both. Your email platform bills you for its own subscription. Texts have no set price, so we quote them on the call. Where Florida applies sales tax, it goes on the invoice.

Do I need written consent to text my customers in Florida?

Florida’s statute asks for prior express written consent before an unsolicited sales text sent with an automated system that selects and dials numbers. Federal rules ask the same for autodialed marketing texts. Whether your tool counts is a question for your lawyer. We ask for a written yes before any marketing text.

What happens when a customer replies STOP?

The number leaves the text list and gets one text confirming it. Under Florida’s statute, a person can only sue over those texts if they keep coming 15 days after the STOP. FCC rules ask that a request to stop be honored within 10 business days at most. Your emails keep reaching them unless they unsubscribe there too.

Does Florida’s law apply if my texting platform is in another state?

The statute says it covers businesses that make sales calls or send sales texts to consumers in Florida, from Florida or from other states or nations. A text to a 305, 786 or 645 number is also presumed to reach someone in Florida.

Can you tell me whether my texts are legal?

No. We are a marketing agency, not lawyers. This page sums up what the statutes, the FCC and the FTC say, and names its sources. Your lawyer can tell you how they apply to your business, and we set up the forms and messages to follow that advice.

Pedro Galindez

Pedro Galindez

Founder

Rodrigo Martin

Rodrigo Martin

Founder

Next step

Bring your list and your sign-up form

In 20 minutes we go over who is on your list, which language each customer reads and how your form asks for texts. You leave knowing what the first campaign should be.

Marketing audit: $500.00, credited in full if you sign a plan within 30 days: against the setup or, if it has none, the first month. The 20-minute call is free.