On May 16, 2025, Florida Governor Ron DeSantis signed Senate Bill 232 (“SB 232”) into law, effective immediately. SB 232 updates the Florida Consumer Collection Practices Act (“FCCPA”), clarifying that the prohibition on debt collection “communications” between the hours of 9:00 p.m. and 8:00 a.m. does not apply to email communications. The prohibition on overnight debt collection communications, found in Florida Statute Section 559.72(17), gave rise to a significant volume of litigation. Some debtors argued that sending debt collection-related emails during the prohibited hours violates the FCCPA, even though the FCCPA only explicitly mentions telephone calls.
The FCCPA and FDCPA
The FCCPA closely parallels the federal Fair Debt Collection Practices Act’s (“FDCPA”), while providing complementary debtor protections. Congress enacted the FDCPA in 1977 to curb abusive, deceptive, and unfair debt collection practices by regulating third-party debt collectors' interactions with consumers. Unlike the FDCPA, which excludes original creditors, the FCCPA provides broader protections by covering original creditors as well. Both the FDCPA and the FCCPA are inherently consumer-friendly, with the FCCPA aiming to add to debtors’ protections under federal law and prevent the abuse and harassment of debtors. Beyond prohibiting debt collection communications between 9:00 p.m. and 8:00 a.m., the FCCPA also bars debt collectors from impersonating law enforcement or government officials, using or threatening force or violence, engaging in harassment or abusive conduct, and contacting debtors known to be represented by counsel regarding the debt. The FCCPA provides for both regulatory enforcement and private causes of action by consumers harmed by violations. Penalties include actual damages, statutory damages up to $1,000 per action, punitive damages, injunctions, court costs, and attorney’s fees.
The Southern District of Florida’s Ruling and the Legislature’s Response
Businesses have increasingly turned to automated emails to communicate with consumers in a cost-effective manner, including for communications such as payment reminders. Seizing on Section 559.72(17)’s seemingly broad prohibition on overnight debt collection “communications,” plaintiffs’ attorneys began to argue that service companies and debt collectors alike violated the FCCPA with these emails, prompting the courts and Legislature to respond.
In Quinn-Davis v. TrueAccord Corp., No. 1:23-CV-23590, 2024 WL 4851344 (S.D. Fla. Nov. 20, 2024), the Southern District of Florida interpreted the FCCPA’s prohibition on “communicat[ing] with the debtor between the hours of 9 p.m. and 8 a.m.” In that case, the Plaintiff received an email from a debt collector at 10:14 p.m., but did not open it until 11:44 a.m. the next day. The court analyzed a similar provision in the FDCPA as well as the meaning of “communication.” Ultimately, the court decided that communication requires the conveying of information, which cannot be done until an email is read by its recipient. The Southern District’s well-reasoned opinion barred the Plaintiff’s claim in Quinn-Davis, but interested parties quickly raised the alarm on the ruling’s implications. Under the Southern District’s ruling, a debtor could receive an email during permissible hours but wait until after 9 p.m. to open it, thereby giving themselves a valid cause of action under the FCCPA.
The Florida Legislature quickly responded to the concerns that Quinn-Davis would open the floodgates of litigation by unanimously passing SB 232 on April 29, 2025. In the preamble of SB 232, the Legislature acknowledged that the FCCPA “was adopted before e-mail communications became commonly used, and that the only specific communication explicitly contemplated in each subsection is telephone calls.” To address the problem, SB 232 simply added that the prohibition on overnight communications does not apply to e-mails.
Looking Forward
Given the high volume of FCCPA litigation, SB 232 is certain to impact the rights of debtors as well as the focus of lawsuits claiming violations of the FCCPA. How SB 232 impacts claims filed before its enactment remains to be seen, and courts will have to decide whether they are valid considering the recent changes. While the Legislature made SB 232 effective upon its enactment, it did not explicitly state that SB 232 applies retroactively. Regardless, SB 232 adds support to an already strong argument that the FCCPA was never meant to apply to emails.
It is imperative that businesses keep abreast of the ever-evolving legal landscape to ensure compliance and avoid costly litigation. While SB 232 provides needed clarification and enables more efficient debt collection practices, debt collectors and their legal counsel must continue to stay informed to ensure compliance with changing state and federal regulations.
-- Gunster Summer Associate Carson Blank contributed to the writing of this publication.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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