FCCPA AMENDMENT

Publications Jun 10, 2025

On May 16, 2025, Florida’s governor signed Senate Bill 232 (“SB 232”) into law, amending Subsection 17 of the Florida Consumer Collection Practices Act (“FCCPA”). This amendment clarifies that email communications are not subject to the law’s restriction on debt collection communications between 9 p.m. and 8 a.m.

Originally, Subsection 17 prohibited debt collection “communications” during those hours but did not specify whether email was included. This ambiguity led to a surge in lawsuits — many of them class actions — claiming that emails sent during “quiet hours” violated the statute.

Florida courts were split:

Some courts ruled that emails were not covered because they are less intrusive and not analogous to telephone calls.
Other courts found that emails could be covered, citing the broad statutory definition of “communication” and referring to federal interpretations under the Fair Debt Collection Practices Act (“FDCPA”).

SB 232 resolves this disagreement by explicitly excluding emails from Subsection 17, noting that:

The law predated the widespread use of email.
Emails are less invasive than phone calls.
The clarification is meant to prevent abusive litigation.

Implications

For Businesses and Debt Collectors:

Reduced risk and operational clarity: Businesses using email to contact debtors during evening or early morning hours should now be protected from Subsection 17 claims.

For Courts and Legal System:

Remaining ambiguity: SB 232 does not specify whether it applies retroactively.

Comparison to Federal Law (FDCPA):

The FDCPA does restrict certain communication, and the Consumer Financial Protection Bureau has interpreted this to include email.
Differences to the FCCPA:
- The FDCPA has a narrower scope (only third-party collectors),
- The FDCPA has no punitive damages,
- The FDCPA has a shorter statute of limitations (1-year).

Contact Our Team for Assistance with FCCPA Issues

If you are dealing with issues related to FCCPA compliance or other related matters, our experienced team is here to help. Contact us for guidance and assistance in navigating the complexities of FCCPA litigation.

About Greenspoon Marder

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