In Partial Victory Against Debt Collector LVNV Funding, Consumers Ask Mass. High Court for Further Review

LVNV Funding Debt Collection MassachusettsLVNV 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.”

In a class-action lawsuit filed in the Business Litigation Session of the Massachusetts Superior Court, consumers won a decision against LVNV Funding on a claim that it was required to be licensed.

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.

Josef Culik

Josef Culik

Attorney Joe Culik has built his reputation on helping people and has dedicated his practice in Boston, Massachusetts to consumer protection, employee rights, and individual personal injury. He has advocated for individuals against some of the largest companies in America and has a passion for helping people uphold their rights against impossible odds. He has filed both individual and class-action lawsuits against most of the major banks, against some of the biggest debt collectors and credit reporting agencies, as well as insurance companies and corporate employers. Contact Joe