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During this week’s Research Assistant Peer Group call, we took a closer look at Florida’s recent legislation that changes how, and more specifically, when debt collectors can communicate with consumers by email. Florida Enacts New Debt Collection Legislation
On May 16, 2025, Governor Ron DeSantis signed an amendment to the Florida Consumer Collection Practices Act that allows debt collectors to send emails to consumers at any time of day, even between 9:00 p.m. and 8:00 a.m., hours outside of allowable phone call times.
The Florida legislature appears to be signaling that email is less invasive than phone contact. But what makes this especially interesting is which state is leading the charge. Florida is known for being one of the most litigious states when it comes to debt collection. So, what does this new law really mean, and more importantly, what should agencies do?
Under the FDCPA and Regulation F, the general rule is that communication, regardless of medium, should be sent between 8:00 a.m. and 9:00 p.m. in the consumer’s local time zone. The rule doesn’t concern itself with when a consumer opens an email, but rather when it’s sent.
So now we’re faced with a compliance crossroads: Florida law says we can, but federal law still says we shouldn’t. This is a rare example where a state law is less restrictive than federal regulation. And it raises the question, does that benefit the consumer?
Sure, there are valid business reasons to send emails late at night. Maybe your offshore team operates during those hours. Or perhaps you want messages waiting in a consumer’s inbox first thing in the morning. But do those reasons outweigh the potential compliance risks?
Modern communication platforms make it easy to schedule emails to send during allowable hours. So, is it really worth the gamble?
Before you start sending 2 a.m. emails to Florida consumers, consider a risk assessment.
Ask yourself:
- Does this practice truly benefit the consumer?
- Is there reputational or regulatory risk—especially in a high-litigation state like Florida?
Just because you can, doesn’t mean you should. You can review the full amendment language here.
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