FDCPA Lawsuit Filed Against LVNV Funding and Cohen & Associates
LVNV is a so-called debt buyer who does not originate credit, but purchases accounts in order to collect on them.
The court filings allege that LVNV filed a case against a Massachusetts consumer, but then dismissed the case with prejudice after the consumer disputed whether LVNV owned the account.
LVNV later hired attorneys, Cohen & Associates, to collect on the same account, even though the case had been dismissed. The consumer disputed the debt, but LVNV and Cohen & Associates continued to try to collect on the account from him, in violation of numerous provisions of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, which prohibits unfair and deceptive debt-collection practices.
Under the court rules, LVNV and Cohen & Associates will be required to respond to the complaint.