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Plaintiff alleges Debt Collector Violated Federal Law in Misrepresentation Case

PENNSYLVANIA RECORD

Thursday, November 21, 2024

Plaintiff alleges Debt Collector Violated Federal Law in Misrepresentation Case

State Court
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Jennifer Bailey, Thirteenth Judicial Circuit Judge | https://www.courtswv.gov/

Samantha Charles has filed a lawsuit against LVNV Funding, LLC, accusing the company of violating federal debt collection laws. The complaint was lodged in the Court of Common Pleas of Allegheny County, Pennsylvania, on October 23, 2024. Samantha Charles claims that LVNV Funding engaged in deceptive and abusive practices under the Fair Debt Collection Practices Act (FDCPA).

The case began when LVNV Funding filed a civil complaint against Samantha Charles on May 7, 2024, in Magisterial District Court. In response to these allegations, Charles enlisted the legal services of J.P. Ward & Associates, LLC to defend her case. On June 17, 2024, her attorneys filed an Entry of Appearance and Intent to Defend on her behalf. They also sent a "First Dispute Letter" to LVNV Funding disputing any debts claimed by the company and requesting that they cease direct communication with Charles.

Despite this notice, LVNV Funding allegedly continued to report false information about Charles's debt status to credit agencies like TransUnion. According to the complaint, on July 8, 2024, LVNV Funding inaccurately updated a tradeline associated with a disputed debt as "in Collection," which contradicted its disputed status. This action is said to have violated multiple provisions of the FDCPA by misrepresenting the character and legal status of the alleged debt.

Charles's lawsuit asserts that LVNV Funding's actions caused her emotional distress and inconvenience due to their misleading representations and failure to acknowledge the dispute over the alleged debt. The plaintiff seeks monetary damages for actual harm suffered and statutory damages as permitted under the FDCPA. Additionally, she requests coverage for legal costs and attorney fees.

The attorneys representing Samantha Charles are Travis A. Gordon and Joshua P. Ward from J.P. Ward & Associates, LLC based in Pittsburgh. The defendant's attorney is Christopher Carfagno from Pressler, Felt & Warshaw LLP located in Parsippany, New Jersey. The case was initially presided over by Magisterial District Judge Mary Ann Zanghi under Docket Number MJ-47301-CV-0000051-2024.

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