On May 16, Florida Governor Ron DeSantis signed into law CS/CS/SB 232, aimed at refining debt collection practices within the state. Among other things, the amendment to the Florida Consumer Collection Practices Act clarifies that prohibited contact between the hours of 9:00 p.m. and 8:00 a.m. in debt collection does not include email communication because such contact is less invasive than telephone calls.
A few highlights of the amendment are below:
- Modernization of Communication Practices: The bill amends § 559.72 of the Florida Statutes, specifically addressing the use of email in debt collection. Recognizing the less invasive nature of email compared to phone calls, the legislation excludes email communication from the prohibited contact hours of 9:00 p.m. to 8:00 a.m.
- Revised Prohibited Practices: The legislation updates the list of prohibited practices for debt collectors, ensuring that modern communication methods are appropriately regulated. This includes prohibitions against simulating law enforcement, using threats of violence, and disclosing disputed debts without proper context. This also includes mailing any communication to a debtor in an envelope or postcard with words printed on the outside calculated to embarrass the debtor, i.e. an envelope addressed to “Deadbeat, Jane Doe.”
- Civil Remedies and Enforcement: The bill reenacts several related statutes to incorporate these amendments, providing clear civil remedies for violations. This includes the imposition of administrative fines on out-of-state debt collectors.
- Consumer Complaints and Administrative Duties: The legislation strengthens the framework for handling consumer complaints, ensuring that relevant information is shared with appropriate regulatory bodies, including the Florida Bar in cases involving attorneys.
- Technical Amendments: The bill makes technical changes to existing statutes to ensure consistency and clarity in the application of the law, reflecting the evolving nature of communication technologies.
