A growing wave of lawsuits in Florida is catching companies off guard — and the risk isn’t limited to call recording or surveillance tools. Plaintiffs are increasingly targeting everyday website technologies like chatbots, analytics, session replay, and tracking pixels under Florida’s digital wiretapping law.

The issue stems from the Florida Security of Communications Act (FSCA), a statute passed decades ago to regulate telephone communications. Courts are now allowing plaintiffs to argue that modern website tools “intercept” electronic communications without proper consent — even when those tools are commonly used and not obviously intrusive.

Why Florida Is Different

Florida is a two-party consent state. That means all parties to a communication must consent before it can be intercepted. Federal law only requires one-party consent, but Florida’s stricter standard is driving litigation.

Recent court decisions have refused to dismiss claims at early stages, emboldening plaintiffs’ lawyers. As a result, cases have surged over the past few years — and they’re not slowing down.

Importantly, you don’t need to be located in Florida to be sued. If Florida residents can access your website, Florida law may apply.

What Technologies Are Being Targeted?

Claims have focused on:

• Website chatbots and live chat tools
• Analytics and session replay software
• Tracking pixels and embedded scripts
• Third-party tools that collect or transmit user data

The argument is simple: users may not realize their communications are being shared with or captured by third parties — and therefore did not meaningfully consent.

Practical Takeaways for Businesses

✔ Review consent mechanisms
Generic privacy policies may not be enough. Consider whether users clearly understand how their communications are collected and shared.

✔ Audit your website stack
Know which tools are running, what data they collect, and where that data goes.

✔ Update disclosures and contracts
Ensure privacy notices and vendor agreements accurately reflect actual data practices.

✔ Don’t assume “industry standard” equals compliant
Common tools are now common litigation targets.

Bottom Line

Old statutes are being repurposed for new technologies — and Florida has become a testing ground. Businesses that rely on digital engagement tools should treat this risk seriously and proactively assess exposure before learning about it through a lawsuit.