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Plaintiff alleges Debt Collector Violated Federal Law in Disputed Debt Case

PENNSYLVANIA RECORD

Tuesday, November 26, 2024

Plaintiff alleges Debt Collector Violated Federal Law in Disputed Debt Case

State Court
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Judge Christine A. Ward | Official website

In a compelling legal confrontation, a plaintiff has filed a lawsuit against a debt collection company for allegedly violating federal laws designed to protect consumers from abusive practices. Christie Sutlovich initiated the complaint on November 14, 2024, in the Court of Common Pleas of Allegheny County, Pennsylvania, targeting LVNV Funding, LLC as the defendant.

The case revolves around allegations that LVNV Funding violated the Fair Debt Collection Practices Act (FDCPA) by falsely representing the status of a disputed debt and failing to communicate its disputed nature to credit reporting agencies. The narrative began when LVNV Funding filed a civil complaint against Sutlovich on August 12, 2024. In response, Sutlovich enlisted J.P. Ward & Associates, LLC to defend her interests. The firm promptly filed an Entry of Appearance and Intent to Defend on August 30, 2024.

Sutlovich's defense team sent a First Dispute Letter to LVNV Funding on the same day, explicitly denying any debt owed and disputing all claims made by the company. Despite this clear communication, LVNV Funding reportedly updated TransUnion with inaccurate information about Sutlovich's alleged debt after losing a civil action hearing held on October 1, 2024. The Magisterial District Judge ruled in favor of Sutlovich at this hearing.

The plaintiff accuses LVNV Funding of misrepresenting the character and legal status of an extinguished debt and communicating false credit information—a direct violation of sections 1692e(2)(a) and 1692e(8) of the FDCPA. These sections prohibit false representations regarding debts and mandate accurate communication about disputed debts.

Sutlovich is seeking monetary damages for actual harm suffered due to these violations. She requests statutory damages under section 1692k(a) of the FDCPA alongside costs and attorney fees. Her claim emphasizes that LVNV Funding's actions have caused her significant emotional distress and inconvenience.

Representing Sutlovich are attorneys Travis A. Gordon and Joshua P. Ward from J.P. Ward & Associates, LLC. The case was presided over by Magisterial District Judge Carolyn S. Bengel under Docket No: MJ-05205-CV-0000161-2024.

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