A recent case out of Oregon highlights the shoddy and unethical business practices of debt collector LVNV Funding. It also shows the value of hiring an attorney to defend against debt collection cases.
Michael Burns was erroneously sued by LVNV Funding for a credit card account that he never opened. Burns contacted LVNV Funding, and they even admitted the error. But instead of dismissing the lawsuit, they continued with their legal action against him. Burns hired an attorney who defended him from the suit and filed a Fair Debt Collection Practices Act (FDCPA) claim against LVNV Funding for its behavior. Ultimately, Burns was not liable for the debt, and he didn't have to pay his attorney any fees for his services, either, because the judge ordered LVNV Funding to pay $19,737 in legal fees for the cost to defend against the lawsuit.
This case is indicative of two important lessons.
Debt collectors like LVNV Funding have very poor recordkeeping and make numerous errors with their files and documents. They make little to no attempt to validate the debts that they sue on, so mistakes happen, and they frequently lack sufficient evidence to prove their case.
Hiring an attorney can be affordable and can lead to a victorious outcome. Debt collection activities are highly regulated under the FDCPA; many debt collectors violate this statute regularly as a part of their standard business practices. Hiring an attorney can often lead to successfully defending against the debt and potential counterclaims against the debt collector.
You can read more about this case as first reported by the local news agency, here. If you've been sued by LVNV Funding, please reach out to discuss your options.
Comments