Florida telemarketers may not call before 8 a.m. or after 8 p.m. Here are the calling hours rules
In Florida, a telemarketer may not make a sales call to you before 8 a.m. or after 8 p.m. in your time zone.
TL;DR:Florida has its own calling hours rule for telemarketers. A sales call may not come before 8 a.m. or after 8 p.m. in your time zone. A seller also may not make more than three sales calls to you in 24 hours on the same subject, from any number. These rules cover recorded and auto-dialed calls too. A federal rule sets a later limit of 9 p.m. Florida's limit is earlier. A person harmed when a seller breaks the Act can sue.
Florida's law on phone sales is the Florida Telemarketing Act. The calling hours rule is in Section 501.616, Florida Statutes. This article explains telemarketer calling hours under Florida law, and how they fit with the federal rule. If you live outside Florida, your state's rules may differ. The federal rule applies in every state.
What are the telemarketing hours in Florida?
A telemarketer may not make a sales call to you before 8 a.m. or after 8 p.m. The time that counts is the local time in your time zone.
The rule covers more than live calls. The law says it also covers calls made by auto-dialers and calls that play a recorded message.
How many times can a telemarketer call you in a day?
No more than three times in 24 hours on the same subject. The law says this limit applies to calls from any number. It applies no matter what phone number the seller uses. So a seller cannot get around the limit by calling from a new number.
What calls does this rule cover?
The rule covers what the law calls a commercial telephone solicitation. In short, it is a sales call. The law does not use the word telemarketer for this rule. It says seller or salesperson. It includes a call you did not ask for, made to get you to buy or invest in consumer goods or services. These are things people use for personal, family, or household needs. The law also counts some investment offers and timeshares.
Debt collection calls are not sales calls. Florida has a different law for them, with its own time rule.
Do the Act's exemptions change the hours rule?
The Act exempts many kinds of callers from most of its rules. The list includes charities, political callers, banks, insurance agents, and businesses calling their own customers under the same name. There are many more.
But the same section of the law says the exemptions do not reach the hours rule or the three-call rule. Those two rules are named as exceptions to the exemptions. So the list of exemptions leaves those two rules in place.
What does federal law say about calling hours?
A rule of the Federal Communications Commission (FCC) bars sales calls to a home phone before 8 a.m. or after 9 p.m. The time that counts is the local time where you are. The FCC applies the rule to cell phones too, in the ways its orders describe.
The federal rule has gaps. It does not cover a call you said yes to. It does not cover a call from a business you have an established business relationship with. It does not cover a call by or for a tax-exempt nonprofit.
Many people search for calls after 9 p.m. That is the federal limit. In Florida, the state limit for sales calls is 8 p.m.
What happens if a telemarketer breaks the rules?
Florida's law lets a person harmed by a violation of the Act file a lawsuit. A court can award actual damages and punitive damages. Actual damages are money for the harm you can show. Punitive damages are extra money meant to punish. The court can also award costs and legal fees. The law calls them attorney's fees.
The Florida Department of Agriculture and Consumer Services can also take a seller to court. It can ask a court to order the seller to stop. It can also seek money for buyers who were harmed.
For more Florida guides, see all of our robocalls guides. You may also want to read what to do about a robocall from a number that looks local.
What this article does not cover
This article explains telemarketer calling hours under Florida law, and the federal hours rule. It leaves some things out on purpose:
- How courts apply the hours rule to sellers exempt from the rest of the Act.
- Lawsuits under the federal Telephone Consumer Protection Act (TCPA).
- Calling hours in other states.
- Apps and phone settings that block calls.
- Debt collection calls.
It also does not say whether a call you got breaks the law. It describes the rules.
Frequently asked questions
What are the telemarketing hours in Florida?
Under Florida law, a telemarketer may not make a sales call before 8 a.m. or after 8 p.m. in your time zone.
Can telemarketers call after 9 p.m.?
Not in Florida. Florida's limit is 8 p.m. A federal rule also bars most sales calls after 9 p.m.
How many times can a telemarketer call you in a day?
Florida law allows no more than three sales calls to you in 24 hours on the same subject. That limit applies no matter what phone number is used.
Educational only. Not legal advice.
Nothing here is legal services or advice about your situation. I am not available to represent you or to review your case. Reading this article does not create an attorney-client, fiduciary, or advisory relationship. Federal telecommunications and consumer-protection statutes vary by state. Verify every rule, deadline, and remedy against the law where you live. If you have a problem like the one described above, the strongest protection is a consumer-protection attorney licensed in your state. Many consumer-protection statutes include fee-shifting and damages multipliers, which often makes representation affordable.