Lavallee v. Med-1 Solutions, LLC

Dist. Ct. did not err in granting plaintiff-debtor’s motion for summary judgment in action under Fair Debt Collection Practices Act (FDCPA) against defendant-debt collector, alleging that defendant failed to provide statutorily required disclosures about plaintiff’s debt under section 1692g(a) of FDCPA in defendant’s initial communication with plaintiff or within five days thereafter. While defendant asserted that it had complied with section 1692g(a) when it sent two emails to plaintiff that contained hyperlinks that contained said disclosures, record showed that plaintiff had never opened said emails, and language in said emails did not imply existence of any debt or contained words such as “debt” or “collector,” which was required to meet FDCPA’s definition of “communication.” Moreover, fact that email contained hyperlinks did not require different result, since said emails only provided means to access mandated disclosures.