THE FLORIDA CONSUMER COLLECTION PRACTICES ACT (FCCPA)
The Florida Consumer Collection Practices Act (FCCPA) protects consumers from harassing, deceptive, or abusive debt collection practices. One key area that often causes confusion is the difference between phone calls and emails—and the specific time restrictions that apply to each.
Phone Calls: Strict Rules on Timing and Conduct
Under the FCCPA, phone calls are far more heavily regulated than other forms of communication. In particular, call timing matters. Debt collectors may not call before 8:00 a.m. or after 9:00 p.m., local time of the consumer.
Calls outside these hours are presumed to be harassing or unreasonable—even if made only once.
Other common violations include:
• Repeated or continuous calls intended to annoy or pressure the consumer.
• Calls made to a person’s workplace after being told not to.
• Aggressive or misleading phone conversations.
• Because of their immediacy and potential for disruption, phone calls carry the greatest risk of violating the FCCPA.
Emails: Flexible but Still Regulated
By contrast, emails are considered a less intrusive form of contact. A consumer can choose when—or whether—to read an email, and it doesn’t interrupt daily life in the same way a phone call does.
However, debt collectors must still comply with privacy and disclosure rules. Emails cannot:
• Misrepresent the amount or legal status of the debt.
• Be sent to a work address where others might see them.
• Continue after the consumer has made a written request to stop communications.
Unlike phone calls, emails are not subject to the 8:00 a.m. to 9:00 p.m. contact window, since they are not considered “real-time” communications. Still, timing and tone can matter if the messages become excessive or coercive.
Under the FCCPA, the method and timing of contact both matter:
• Phone calls: Not before 8:00 a.m. or after 9:00 p.m., and never harassing or excessive.
• Emails: No strict hour restrictions, but still must be truthful, discreet, and respectful.
For collectors, understanding these distinctions can prevent costly legal exposure. For consumers, it means knowing when a contact crosses the line—and when to seek help.
