Culik Law Sues Debt Buyers LVNV and Midland Funding in Class Action
Two of the largest debt buyers operating in Massachusetts, LVNV Funding and Midland Funding, are defendants in class-action lawsuits filed by Attorney Josef Culik of Culik Law and co-counsel in the Business Litigation Section of Suffolk Superior Court.
The lawsuits allege that debt buyers LVNV and Midland are engaged in unlicensed debt collection. Massachusetts requires that debt collectors must obtain licenses from the state in order to operate. LVNV and Midland’s actions — suing consumers for bad debts, credit reporting, and collecting on judgments — constitute debt collection, and thus they must be obtain licenses, alleges the lawsuit.
Debt buyers LVNV and Midland have previously argued that their operations are “passive” and thus they are not required to obtain licenses. But in court filings in federal court, Midland admits to having collected over $18 million dollars from over 30,000 Massachusetts consumers in the course of just one year.
LVNV filed a motion to dismiss the lawsuit, but a Superior Court judge denied the motion and allowed the lawsuit to proceed. Litigation is ongoing in both cases in Massachusetts with these debt buyers.
If a debt collector has filed a collection lawsuit against you, we can represent you. Debt collectors typically operate as collection “mills” and are willing to settle or dismiss their cases if consumers get an attorney. And, most debt buyers don’t have enough documentation to prove that they own accounts, under the rules of evidence.
We have successfully stopped debt collection harassment, sued major debt collectors and debt buyers in state and federal court in both individual and class-action cases, fixed credit reports, and given our clients a fresh start under the bankruptcy laws. Every problem has a solution. Contact us for a debt consultation to see how we can help you.