LVNV Funding Loses Appeal

The U.S. Court of Appeals for the Seventh Circuit has ruled against debt buyer, LVNV Funding (the case is McMahon v. LVNV Funding. et. al., 2014 U.S. App. LEXIS 4592).

At issue was the use of the word “settlement” in correspondence from LVNV, a non-attorney debt collector. The original opinion held that this usage was false, deceptive and misleading.

The Court of Appeals upheld the adverse ruling against LVNV’s improper use of the word “settlement.”

The Court of Appeals also ruled that the case can move forward as a class action lawsuit.

Consumers and their advocates across the nation are applauding these decisions, which are, of course, being decried and denounced by the debt collection industry and its various trade associations.

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