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Plaintiff alleges Debt Collector violated Fair Debt Collection Practices Act

PENNSYLVANIA RECORD

Thursday, November 21, 2024

Plaintiff alleges Debt Collector violated Fair Debt Collection Practices Act

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

Brandi Kanski has taken legal action against a debt collection company, accusing them of violating federal law by inaccurately reporting disputed debts. The complaint was filed on October 29, 2024, in the Court of Common Pleas of Allegheny County, Pennsylvania, by Kanski's attorneys from J.P. Ward & Associates, LLC. The defendant in this case is LVNV Funding, LLC.

The lawsuit centers around allegations that LVNV Funding, LLC violated the Fair Debt Collection Practices Act (FDCPA) by misrepresenting the status of a disputed debt and failing to communicate its disputed nature to credit reporting agencies. According to the complaint, LVNV Funding had previously filed a civil complaint against Brandi Kanski on May 31, 2024. In response, Kanski retained J.P. Ward & Associates to defend her case and sent a dispute letter on July 25, 2024, asserting that she did not owe any money to LVNV Funding and disputing all related debts.

Despite receiving this dispute letter, which instructed them to cease direct communication with Kanski and accurately report the disputed status of the debt to credit agencies, LVNV Funding allegedly continued their collection efforts. On September 4, 2024, they reportedly provided false information to TransUnion by updating a tradeline associated with the alleged debt as "in collection," without acknowledging its disputed status.

The plaintiff claims that these actions constitute violations of several provisions under the FDCPA: falsely representing the character or legal status of any debt (15 U.S.C. § 1692e(2)(a)), communicating false credit information (15 U.S.C. § 1692e(8)), and engaging in conduct meant to harass or abuse (15 U.S.C. § 1692d). These violations are said to have caused Brandi Kanski emotional distress and inconvenience.

Kanski seeks monetary damages within arbitration limits for actual damages suffered due to these violations and statutory damages up to $1,000 as allowed under FDCPA provisions. Additionally, she requests coverage for costs and attorney fees incurred during this legal process.

The case is being handled by attorneys Travis A. Gordon and Joshua P. Ward from J.P. Ward & Associates for Brandi Kanski while Gregg Lawrence Morris represents LVNV Funding LLC through Patenaude & Felix A.P.C., located in Canonsburg, PA. The presiding judge is Magisterial District Judge Keith G. Kibler with Case ID MJ-25301-CV-0000091-2024.

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