LVNV Funding Loses in Attempt to Dismiss Class Action for Unlicensed Debt Collection… Again.
A judge of the Suffolk Superior Court has — again — denied a motion by the debt collector LVNV Funding to try to dismiss a consumer class action alleging illegal debt collection.
The lawsuit alleges that LVNV Funding violated the Massachusetts debt collector licensing statute by engaging in debt collection without first obtaining a license from the Massachusetts Division of Banks, as required under Massachusetts General Laws chapter 93, section 24A.
In another class action in Suffolk Superior Court, LVNV Funding raised the same argument, which was also rejected by the court. Culik Law is acting as co-counsel for the consumer plaintiffs in both cases.
LVNV Funding is one of the largest debt collectors operating in the United States. It purchases portfolios of assigned debts from original creditors in order to collect on them.
The judge observed about LVNV Funding that “the consumer debt they buy is thin on documentation, increasing the danger that they are seeking to collect on dubious claims.” And at the same time, the consumers who are subjected to their collections “are individuals with limited resources who are not in a position to challenge them.”
The lawsuit, which seeks to invalidate judgments obtained by LVNV Funding and obtain compensation for its alleged wrongful collections, was allowed to continue.
The decision denying LVNV Funding’s motion to dismiss is available here: Newton v. LVNV Funding, LLC.