Consumer sues LVNV and collection lawfirm under FDCPA
Consumer sues LVNV and collection lawfirm under FDCPA
Our client was sued by LVNV and won her case. In Alabama this means she does not owe the debt to LVNV.
Pretty simple, right?
LVNV lost so it leaves her alone.
Except LVNV would not do that — instead it hired some out of state collection lawfirm (Budzik & Dynia) to collect against our client. And not only collect, but threaten to sue. And threaten to credit report.
But.
Our client won the collection lawsuit so she owed LVNV nothing.
So what was LVNV and this collection lawfirm doing trying to collect a debt that was not owed?
Exactly — its absurd and there is no excuse.
When debt collectors break the law, sue them in federal court under the FDCPA and other laws
So we have LVNV, a debt collector, and a collection lawfirm (Budzik & Dynia) who is also a debt collector. And they are collecting a debt not owed.
LVNV even credit reported on this debt that was not owed.
So we sued them for violating the FDCPA (Fair Debt Collection Practices Act).
You see, the FDCPA makes it illegal to collect a debt not owed. Pretty straightforward. Don’t collect. Don’t credit report. Leave someone alone if they owe you nothing.
But that didn’t stop LVNV and the collection lawfirm.
What did stop them was getting sued.
Not only under the FDCPA but also under state law.
And one of the state law claims against this out of state law firm was that it was not licensed to practice law in Alabama. This is known as the “Unauthorized Practice of Law” and it applies to lawyers who aren’t licensed in Alabama.
What happened after LVNV and Budzik & Dynia got sued?
They had a “come apart” about being sued.
This is typical — these companies love to sue consumers without any proof but when a consumer stands up and fights back, the debt collectors start crying about “too many lawsuits.”
Irony!
What’s the lesson for you?
You must be vigilant when you are dealing with any debt collector. Even after you were sued and won your case — you still must watch out for the debt collectors to continue to break the law.
Watch your credit reports.
Watch the collection letters you get.
When they violate the law, sue them.
Sue them for money damages.
When you do this, two things happen. You get money damages. And you make your community safer by discouraging debt collectors from breaking the law as they don’t like paying money damages. Its the only thing that causes them to rethink their evil ways and decide it makes better sense to play by the rules rather than to cheat.
What if you have questions about a debt collector?
Call us at 205-879-2447 and chat with us about your situation. We’ll be happy to help you think through your options.
Or you can click this button Discover your options now! and we’ll be happy to get in touch with you right away.
I look forward to talking to you soon!
PS — Wonder what happened? We dismissed without prejudice the lawfirm and received a judgment against LVNV. Our client was very happy with the result!