Lavallee v. Med-1 Solutions, LLC, No. 17-3244 (7th Cir. 2019)Annotate this Case
Debt collector Med-1 attempted to recover unpaid medical bills from Lavallee. The Fair Debt Collection Practices Act required Med-1 to disclose certain information to Lavallee, 15 U.S.C. 1692g(a), by including the required information in its “initial communication” with Lavallee or by sending “a written notice containing” the disclosures within five days after that “initial communication.” In March and April, Med-1 sent Lavallee two emails, one for each debt. The emails contained hyperlinks to a Med-1’s web server; a visitor had to click through multiple screens to access and download a .pdf document containing the required disclosures. Lavallee never opened those emails. When the hospital called her to discuss a different medical debt, she learned about the earlier debts and was told that they had been referred to Med-1. She called Med-1, but Med-1 did not provide the required disclosures. Nor did it send a written notice within the next five days. Lavallee sued Med-1. The Seventh Circuit affirmed summary judgment in favor of Lavallee, rejecting Med-1’s contention that its emails were initial communications that contained the required disclosures. The emails do not qualify as “communication” because they did not “convey … information regarding a debt” and did not “contain” the mandated disclosures. At most the emails provided a means to access the disclosures via a multistep online process.