In an effort to modernize consumer debt collection practices, the Florida Legislature has passed new legislation that updates and clarifies existing rules—particularly to address how digital communication, such as email, fits into current regulations.
Adapting to Modern Communication Norms
Much of Florida’s debt collection law was originally written before email became a daily part of life. Until now, the statute focused heavily on telephone calls as the primary means of communication. Recognizing that times—and technology—have changed, lawmakers set out to update these rules to make them more relevant and balanced.
One key change is a clarification around what constitutes “prohibited communication hours.” While phone calls to debtors between 9 p.m. and 8 a.m. remain off-limits without prior consent, the law now explicitly excludes email from this restriction. Lawmakers determined that emails are considered less disruptive than calls and are therefore excluded from the same time-of-day restrictions.
Practical Implications of the Changes
Under the updated law, email communications from debt collectors are no longer restricted by the 9 p.m. to 8 a.m. contact window that applies to phone calls. This reflects a recognition that email is generally less intrusive than other forms of communication.
Phone calls remain subject to time-of-day restrictions, and all existing consumer protections under the Florida Consumer Collection Practices Act continue to apply. These include limitations on harassment, misrepresentation, and disclosure of debt information to third parties.
The amended law also reinforces that out-of-state debt collectors are held to the same standards as in-state entities. Additionally, related statutes have been updated to reflect these changes and ensure consistency across the law.
Enforcement and Remedies
The new law doesn’t just clarify what collectors can and can’t do—it also reinforces how these rules are enforced. Out-of-state collectors are now explicitly held to the same standards as Florida-based ones. Violations can lead to administrative fines, suspension of licenses, or even lawsuits by consumers.
Consumers who have been subjected to illegal collection practices may seek actual damages, statutory damages up to $1,000, and recovery of attorney’s fees. In the case of class action suits, additional penalties can be awarded, though individual awards remain capped.
Understanding the Broader Impact
Florida’s update to its debt collection statute represents a shift toward modernizing consumer protection laws to reflect current communication practices. By distinguishing email from phone calls in terms of time-based restrictions, the amendment aims to balance the interests of consumers and collectors while acknowledging the evolving ways people communicate.
The law reaffirms a wide range of prohibited practices to ensure ethical conduct in debt collection and reinforces enforcement mechanisms, including administrative penalties and civil remedies. Related statutes were also reenacted to maintain consistency and incorporate the updated language.
The legislation took effect immediately upon being signed by the Governor on May 16, 2025, and applies to both in-state and out-of-state debt collectors operating in Florida.
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Author: Jennifer Evancic
Jennifer.Evancic@ResourceManagement.com
Jennifer Evancic is a third-party auditor valued by creditors and large organizations for her knowledge in call monitoring within the collections industry. With meticulous attention to detail and a firm grasp of regulatory requirements, she ensures compliance with clients’ criteria and state and federal regulations.
Jennifer audits collections calls, ensuring they meet client-specific criteria and comply with regulations, providing valuable insights and maintaining industry standards.
Beyond her auditing responsibilities, Jennifer takes the lead in organizing and facilitating monthly call calibrations. These sessions serve as a collaborative forum where clients and their vendors come together to discuss call monitoring results and address any findings or areas for improvement. Jennifer’s guidance fosters open communication and ensures alignment between clients and vendors, driving continuous improvement in collections practices.
Jennifer stays up-to-date with compliance and industry best practices by participating regularly in peer meetings, regulatory updates and industry webinars. This keeps her informed about emerging issues and ensures she remains a knowledgeable leader in collections compliance.
