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Plaintiff alleges LVNV Funding violated Fair Debt Collection Practices Act

PENNSYLVANIA RECORD

Monday, December 23, 2024

Plaintiff alleges LVNV Funding violated Fair Debt Collection Practices Act

State Court
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Judge Christine A. Ward | Official website

Brandy McFarland has filed a lawsuit against LVNV Funding, LLC, alleging violations of the Fair Debt Collection Practices Act (FDCPA). The complaint was filed in the Court of Common Pleas of Allegheny County, Pennsylvania, on November 4, 2024. The plaintiff accuses LVNV Funding, LLC of furnishing false and inaccurate information regarding a disputed debt to credit reporting agencies.

The case began when LVNV Funding, LLC filed a civil complaint against Brandy McFarland on July 17, 2024. In response, McFarland hired J.P. Ward & Associates, LLC to defend her against these allegations. On July 29, 2024, her attorneys sent a dispute letter to LVNV Funding, asserting that McFarland denied owing any money and demanding proof of liability for the alleged debts. Despite this communication and an ensuing court judgment in favor of McFarland on August 29, 2024, LVNV Funding allegedly continued to report the debt inaccurately as "in collection" to TransUnion.

McFarland's lawsuit claims that LVNV Funding's actions violate several provisions of the FDCPA. Specifically, she alleges that the company falsely represented the character and legal status of the debt and failed to communicate its disputed nature to relevant credit reporting agencies. These actions are said to contravene sections 1692e(2)(a) and 1692e(8) of the FDCPA. Additionally, McFarland asserts that LVNV Funding engaged in conduct meant to harass or oppress her by continuing with false credit reporting despite knowing it was inaccurate.

The plaintiff seeks various forms of relief from the court. She requests monetary damages within arbitration limits for actual damages suffered due to emotional distress and inconvenience caused by LVNV Funding's alleged misconduct. Furthermore, she seeks statutory damages under section 1692k(a) of the FDCPA along with costs and attorney fees associated with bringing this action.

Representing Brandy McFarland are attorneys Travis A. Gordon and Joshua P. Ward from J.P. Ward & Associates, LLC. The case is presided over by Judge Joseph J. Nash. The case ID is: CVPDD008S242F706.

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