Fla. Bill May Curb Suits Over Late-Night Collections Emails

Litigation attorneys Phil Rothschild, Annie Gamez and Sydney Alexander co-authored an article for Law360 about an amendment to the Florida Consumer Collection Practices Act (FCCPA) that removes email communications from the list of prohibited practices. Signed into law by Gov. Ron DeSantis on May 16, 2025, and taking effect that same day, Senate Bill (S.B.) 232 responds to an increasing number of individual and class actions alleging that debt collection emails sent between 9 p.m. and 8 a.m. – so-called overnight hours – violate the FCCPA. The authors explain this law provides much-needed clarity for companies that routinely send payment reminders or service-related communications to customers, and rely heavily on automated systems to send emails when manual oversight is impractical. Legal counsel representing collectors will also benefit from the amendment, as it reduces the risk of litigation based on the timing of communication. The attorneys go on to explore how the new law will affect ongoing litigation by potentially forcing plaintiffs attorneys to reassess their strategy and revise their complaints as well as providing defendants a strong defense against claims. The article concludes by underscoring the significance of S.B. 232, saying it allows for more efficient debt collection practices and lessens the chance of frivolous lawsuits.

The authors also published a Holland & Knight alert on this topic prior to the law's signing.

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