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Plaintiff alleges financial firm misrepresented debt status

PENNSYLVANIA RECORD

Tuesday, December 3, 2024

Plaintiff alleges financial firm misrepresented debt status

State Court
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Maryclaire Akers, Thirteenth Judicial Circuit Judge | https://www.courtswv.gov

Ashley Laux has filed a civil lawsuit against LVNV Funding, LLC, alleging violations of the Fair Debt Collection Practices Act (FDCPA). The complaint was filed on October 25, 2024, in the Court of Common Pleas of Allegheny County, Pennsylvania. The case stems from LVNV Funding's alleged improper debt collection practices.

The lawsuit traces back to July 1, 2024, when LVNV Funding initiated a civil complaint against Ashley Laux in Magisterial District Court. In response, Laux retained J.P. Ward & Associates to defend against these allegations. On July 10, 2024, Laux's legal team filed an Entry of Appearance and Intent to Defend, disputing the alleged debts claimed by LVNV Funding. A letter was sent to LVNV Funding asserting that Laux denied owing any money and demanded proof of liability and ownership of the alleged debts.

Despite this dispute notice, on August 6, 2024, LVNV Funding reportedly furnished false information to TransUnion by updating a tradeline associated with the disputed debt as "in Collection" and "PLACED FOR COLLECTION." This action contradicted the disputed status of the debt and allegedly violated sections of the FDCPA that prohibit false representation of a debt's character or legal status.

Laux argues that LVNV Funding failed to communicate the disputed nature of the debt to relevant credit reporting agencies and continued direct contact despite being instructed otherwise. As per the FDCPA guidelines, these actions are considered abusive and deceptive debt collection practices.

In her lawsuit, Ashley Laux seeks judgment in her favor for actual damages caused by emotional distress and inconvenience due to LVNV Funding's actions. She also requests statutory damages under FDCPA provisions along with costs and attorney fees.

Representing Ashley Laux are attorneys Travis A. Gordon and Joshua P. Ward from J.P. Ward & Associates LLC. The case is presided over by Magisterial District Judge Carolyn S. Bengel under Docket No: AR-24-_____.

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