Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the filing of a lawsuit against LVNV Funding LLC, a Nevada based debt collector, and Stenger & Stenger, P.C., a Michigan based debt collection law firm. The lawsuit, which has been filed in the United States District Court for the Southern District of Indiana, alleges that LVNV violated the Fair Debt Collection Practices Act (“FDCPA”) when, during a telephone call, LVNV threatened the plaintiff with imminent garnishment of her wages when that was not possible because LVNV did not have a judgment against her. The plaintiff also alleges that LVNV failed to advise her of certain rights she has under the FDCPA. The lawsuit further alleges that Stenger & Stenger violated the FDCPA by falsely stating in a pleading filed with the state court (in a lawsuit Stenger & Stenger filed on behalf of LVNV against the consumer) that the consumer had received billings for the amount due. The consumer/plaintiff is seeking an award of actual damages, statutory damages, costs and attorney fees.
The FDCPA is a powerful consumer protection statute. Debt collectors are prohibited from making a false or misleading statement of material fact in attempting to collect a debt. If a debt collector has made a false or misleading statement of material fact in attempting to collect a debt from you, the debt collector has probably violated the FDCPA. Contact us if you believe we may be of assistance.