TCPA Answers
State laws

What hours can I make sales calls or send texts in Florida?

8 a.m. to 8 p.m. in the recipient’s local time under Fla. Stat. § 501.059, and no more than three calls on the same subject in any 24-hour period. The federal rule is 8 a.m. to 9 p.m.; Florida is an hour narrower.

Between 8 a.m. and 8 p.m. in the recipient's local time. Fla. Stat. § 501.059 limits telephonic sales calls, which include text messages, to that window, and separately caps the number of calls on the same subject matter at three in any 24-hour period. The federal rule in 47 C.F.R. § 64.1200(c)(1) allows 8 a.m. to 9 p.m., so a campaign set to federal hours and aimed at Florida numbers breaches the state act for the last hour of every evening.

The two clocks

RuleHoursFrequency
Federal, 47 C.F.R. § 64.1200(c)(1)8 a.m. to 9 p.m., called party's local timeNo numeric cap
Florida, Fla. Stat. § 501.0598 a.m. to 8 p.m., called party's local timeThree on the same subject per 24 hours

Why it comes up in demand letters

Because a call at 8:30 p.m. is a violation on its face, with no consent question to argue. A letter listing calls with timestamps outside the window has an item that no consent record removes. The same is true of a fourth call in a day on the same offer. Each such item counts under both statutes; see do FTSA damages stack on top of TCPA damages for the same call.

The fix

Set the dialer and the messaging platform to the recipient's time zone, with a hard stop at 8 p.m. for any Florida number and 9 p.m. elsewhere, and a per-number daily cap. Several other states have their own calling-hour rules, some narrower than federal; a compliance review should list them by state. See what the FTSA is.

People also ask

Does "local time" mean mine or the recipient’s?

The recipient’s. Florida has two time zones; set the dialer to the called number’s zone, not the office clock.

Do the hours apply to texts?

The Florida act treats text messages as telephonic sales calls, so yes.

Does the three-call limit reset at midnight?

It is any 24-hour period, not a calendar day. Three calls on the same subject in any rolling 24 hours is the cap.