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Plaintiff Alleges Debt Collector Violated Consumer Protection Laws

PENNSYLVANIA RECORD

Wednesday, February 12, 2025

Plaintiff Alleges Debt Collector Violated Consumer Protection Laws

State Court
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Allegheny County Courts Of Common Pleas | Official Website

Clint Beauchamp has taken legal action against a debt collection company, alleging misconduct in their attempts to collect a disputed debt. On February 4, 2025, Beauchamp filed a complaint in the Court of Common Pleas of Allegheny County, Pennsylvania, against LVNV Funding LLC. The lawsuit accuses the company of violating federal and state laws designed to protect consumers from abusive debt collection practices.

The case centers around allegations that LVNV Funding LLC engaged in improper conduct while attempting to collect an old debt from Beauchamp. According to the complaint, a default judgment was initially entered against Beauchamp on August 19, 2024, in favor of LVNV Funding for a debt allegedly owed to Citibank. However, Beauchamp appealed this judgment on September 16, 2024, effectively nullifying it under Pennsylvania law. Despite this appeal and being aware that Beauchamp was represented by counsel, LVNV's attorneys sent direct correspondence to him on October 3, 2024. This letter demanded payment of $4,522.15 plus accruing interest at six percent per annum.

Beauchamp's legal team argues that these actions constitute violations of the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Extension Uniformity Act (FCEUA). Specifically, they claim that LVNV Funding violated sections of the FDCPA that prohibit direct communication with a debtor known to be represented by an attorney without prior consent or court permission. Furthermore, they accuse the company of harassment and misrepresenting the status and amount of the debt owed.

In his complaint, Beauchamp details how receiving the unsolicited letter caused him significant stress and anxiety about his ongoing legal battle with LVNV Funding. He questions why he is paying for legal representation if the defendant can bypass his attorney and contact him directly. The plaintiff seeks actual damages for emotional distress caused by these actions as well as statutory damages up to $1,000 under federal law and potential treble damages under state law due to alleged violations of consumer protection statutes.

Beauchamp is represented by Emily S. Gomez-Hayes from the Law Office of Emily Gomez LLC based in Pittsburgh. The case is currently assigned Case No. CVPDD008S330F618  in Allegheny County's Civil Division court system.

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