Consumers’ Brief Filed in Massachusetts Class Action Against LVNV Funding
On behalf of a class of Massachusetts consumers alleging that the debt collector LVNV Funding engaged in illegal collection practices, Culik Law, along with co-counsel, has filed a brief in the Massachusetts Supreme Judicial Court.
Under Massachusetts law, debt collectors must first obtain a license from the Division of Banks before they may engage in debt collection. LVNV, however, had no license, yet collected from and sued thousands of Massachusetts consumers.
LVNV contends it is exempt from the collection license requirement. Culik Law, however, has argued that the plain language of the debt-collection law requires all companies like LVNV to get a license.
In the lower court, LVNV lost on the issue of whether it was required to get a license. The case was then appealed to the Appeals Court, and is now with the Massachusetts Supreme Judicial Court. The brief contains detailed explanations of the arguments for why LVNV’s collection activity is illegal and violates the Consumer Protection Act.
A copy of the brief is here: Appellees’ Brief in Dorrian v. LVNV Funding
A decision is expected sometime in 2018. In the meantime, the issue of whether debt collectors may collect without a license may continue to be litigated in the lower courts.
If you are subject to debt lawsuits or other debt collection, contact us at Culik Law to see if we can help. Culik Law is a consumer protection law firm located in Boston, Massachusetts. Our attorneys represent clients in Massachusetts and advocate for them against debt collectors.