Michele Volansky has taken legal action against LVNV Funding, LLC, accusing the company of violating federal debt collection laws. The complaint was filed on November 12, 2024, in the Court of Common Pleas of Allegheny County by Volansky's attorneys from J.P. Ward & Associates, LLC. The lawsuit alleges that LVNV Funding engaged in deceptive and abusive debt collection practices in violation of the Fair Debt Collection Practices Act (FDCPA).
The case centers around a disputed debt that LVNV Funding claimed Volansky owed. According to the complaint, LVNV Funding initiated a civil lawsuit against Volansky on July 8, 2024, which led her to hire J.P. Ward & Associates for defense. On August 6, 2024, her attorneys filed an Entry of Appearance and Intent to Defend while notifying LVNV Funding that she disputed the alleged debts and demanded they cease direct contact with her.
Despite these actions and a favorable judgment for Volansky in a civil hearing on August 27, 2024, where the court ruled against LVNV Funding, the company allegedly continued to report false information about the disputed debt to credit agencies like TransUnion. This included marking the debt as "in collection," which contradicted its disputed status.
Volansky's complaint argues that these actions by LVNV Funding violated multiple sections of the FDCPA. Specifically, it claims violations under 15 U.S.C. § 1692e(2)(a) for misrepresenting the character and legal status of the debt and under § 1692e(8) for communicating false credit information without acknowledging it as disputed.
The plaintiff seeks monetary damages including actual damages for emotional distress and statutory damages up to $1,000 as allowed by law. Additionally, she requests compensation for attorney fees and costs incurred due to these alleged violations.
Representing Michele Volansky are attorneys Joshua P. Ward and Travis A. Gordon from J.P. Ward & Associates, LLC. The case is being overseen by Judge Travis P. Martwinski under Docket No: MJ-35201-CV-0000149-2024.