Southern District of Florida and Florida Legislature Clarify E-mail Quiet-Hour Rules
Case: Quinn-Davis v. TrueAccord Corp., No. 1:23-cv-23590 (S.D. Fla. filed Sept. 19, 2023)
A Florida federal court addressed whether sending a debt collection email during “quiet hours” (9 p.m. to 8 a.m.) violated the Federal Debt Collections Practices Act (FDCPA) or the Florida Consumer Collection Practices Act (FCCPA). The court entered summary judgment against plaintiff and held that simply sending an email during “quiet hours” is not enough to count as a “communication” under the law — the consumer must actually open and read it. This interpretation raised the bar for plaintiffs, making it harder to sue debt collectors over after-hours emails.
Shortly after, the Florida Legislature passed Senate Bill 232 (SB 232) to eliminate confusion. Effective May 16, 2025, the amendment clarifies that emails are not restricted by the FCCPA’s quiet-hours rule, even if they are sent overnight. Lawmakers noted the statute was written before email was common and never intended to cover it. While the change provides forward-looking clarity, courts have not yet settled whether it applies retroactively to pending cases.
Together, the ruling and the amendment make lawsuits over the timing of emails less likely to succeed. But some room for these lawsuits remains until the federal legislature amends the FDCPA. Traditional calls, texts, and other more intrusive forms of contact remain strictly regulated.
