On March 22, 2023, a United States Court granted class certification to more than 4,500 Pennsylvania consumers who claim debt collectors made false, misleading, or deceptive representations in thousands of bankruptcy proceedings.
The class action concerns claims that Defendants LVNV Funding and Resurgent Capital Services violated the Fair Debt Collection Practices Act (FDCPA) by filing proofs of claim in consumer bankruptcies that “falsely stated the amount of principal on the debt at issue and falsely stated that the debt did not include interest and fees.”
Defendants opposed class certification but the Court rejected their arguments. In doing so, the Court found that each element of Rule 23 was satisfied and that East End Trial Group was adequate to protect the interests of the class.
The Plaintiffs and class are represented by Kevin Abramowicz, Kevin Tucker, Chandler Steiger, and Stephanie Moore of East End Trial Group.
The case is Howard v. LVNV Funding, LLC, No. 3:19-cv-93 (W.D. Pa.). The Court’s class certification decision is available at Howard v. LVNV Funding, LLC, 2023 U.S. Dist. LEXIS 52294.