Florida District Court Clarifies “Communicating with” Consumers Via Email Under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act

Financial Services Litigation attorneys Brandon White, Travis Sabalewski and Abraham Colman co-authored an article featured in Pratt's Journal of Bankruptcy Law about a recent court decision that clarifies email communications under the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA). The article examines the landmark decision in Quinn-Davis vs. TrueAccord Corp., which concluded that merely sending an email does not constitute "communication" unless it is actually opened and read. This ruling challenges the existing approach to email communications in debt collection by finding that demonstrating actual transmission and receipt is necessary to determine liability. The attorneys highlight the implications of this decision on class actions and mass arbitrations, underscoring the importance for businesses to meticulously evaluate communication practices and ensure compliance with updated legal interpretations.

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