In a legal battle that underscores the complexities of debt collection practices, James Bogart has filed a complaint against LVNV Funding, LLC. The lawsuit was filed on November 12, 2024, in the Court of Common Pleas of Allegheny County, Pennsylvania. Bogart accuses LVNV Funding of violating the Fair Debt Collection Practices Act (FDCPA) by misrepresenting the status of a disputed debt.
The complaint details a series of events beginning on August 7, 2024, when LVNV Funding initiated a civil complaint against Bogart in Magisterial District Court. In response, Bogart enlisted J.P. Ward & Associates to defend him. On August 23, 2024, his attorneys formally notified LVNV Funding that they represented Bogart and disputed any debts claimed by the company. Despite this notification and an explicit request to cease direct communication with Bogart, LVNV Funding allegedly continued to report inaccurate information regarding the debt to credit agencies like TransUnion.
Bogart's legal team argues that these actions constitute false representation under sections 1692e(2)(a) and 1692e(8) of the FDCPA. They claim that LVNV Funding falsely portrayed the character and legal status of the alleged debt and failed to communicate its disputed nature to relevant parties. "By failing to communicate that the alleged debt was disputed," states the complaint, "LVNV Funding communicated credit information which is known or should be known to be false."
The plaintiff seeks various forms of relief from the court. These include actual damages for emotional distress and inconvenience caused by LVNV's actions, statutory damages as permitted under FDCPA provisions, as well as coverage for attorney fees and other costs associated with pursuing this case.
Representing James Bogart are attorneys Travis A. Gordon and Joshua P. Ward from J.P. Ward & Associates LLC based in Pittsburgh. The case is being overseen by Magisterial District Judge Suzanne Brainard under Docket Number MJ-34303-CV-0000067-2024.