In Partial Victory Against Debt Collector LVNV Funding, Consumers Ask Mass. High Court for Further Review
LVNV Funding is one of the largest debt collectors operating in Massachusetts. LVNV and its collectors file debt-collection lawsuits, send dunning letters, make collection calls, and engage in credit reporting, among other things.
Nevertheless, LVNV Funding has never obtained a license to collect debts from the Massachusetts Division of Banks, a statutory requirement for any business that qualifies as a “debt collector.”
The court also held, however, that LVNV Funding had not violated the Consumer Protection Act, also called Chapter 93A.
Both the consumers and LVNV then appealed. Although the Massachusetts Appeals Court accepted the appeal, the consumers have recently filed a petition for what is called direct appellate review, a procedure for asking the Massachusetts Supreme Judicial Court – the highest court in Massachusetts – to hear the case.
The consumers expect that the Supreme Judicial Court may accept the case, as it addresses novel questions of law that affect the public interest. Indeed, the facts of the case showed that within only a five-year timespan, LVNV Funding filed over 18,000 lawsuits against Massachusetts residents, indicating that it is important for the high court to hear the case.
No decision has issued yet, but once one does Culik Law will provide an update.
Culik Law is co-counsel on this class action against LVNV Funding and has handled numerous debt-collection cases under the federal Fair Debt Collection Practices Act, the Massachusetts Debt Collection Practices Act, and the Consumer Protection Act. If you have been contacted or sued by any debt collector, call or email us to see if we can help.