Caution is a virtue being urged upon businesses following a trend of lawsuits based on the Florida Consumer Collection Practices Act (FCCPA). This recent spurt of litigation primarily targets companies dispatching billing-related correspondences outside conventional business hours, notably between 9 p.m. and 8 a.m. This wave of action is aimed at class actions rising from these emails, with a growing number of plaintiffs interpreting such correspondences as debt collection interventions, hence in violation of Fla. Stat. Section 559.72(17).
The aforementioned statute states explicitly that “In collecting consumer debts, no person shall… Communicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor’s time zone without the prior consent of the debtor”. The lawsuits have been instigated over various types of correspondences, for instance, reminding customers of upcoming billing cycles or intimating that a bill is accessible for review.
The depiction of such emails as debt collection attempts and hence infringing on the statute seems to defy common sense, as per the assertions of some legal experts. Yet, having scant clear legal advice to reference has left room for plaintiffs to file lawsuits on this very basis. Though legal case precedence is in its initial stages, companies facing potential FCCPA class actions because of late-night emails could contemplate a number of defensive measures and strategies, including seeking consent.
For more details on this developing industry practice and further insights into the unfolding legal cases, visit this report.