LVNV Funding unlawful collection lawsuits $100K class action settlement

LVNV Funding agreed to a $100,000 class action settlement to resolve claims it filed unlawful collection lawsuits in Illinois.

The settlement benefits individuals named in a collection lawsuit filed by LVNV Funding LLC or Resurgent Capital in Illinois courts between Sept. 19, 2010, and Sept. 30, 2018.

LVNV Funding is a debt-collection company that buys debts from lenders. LVNV partners with Resurgent Capital Services, a third-party debt collection, to manage purchased accounts and collect on these debts.

According to a class action lawsuit, LNVN and Resurgent violate Illinois debt collection laws by filing collection lawsuits against customers. LVNV allegedly filed collection lawsuits against the two plaintiffs in the circuit court of the 20th Judicial Circuit in order to collect on credit card debts. The plaintiffs then filed their counter class action lawsuit.

Plaintiffs in the case claim LVNV and Resurgent failed to follow Illinois’ Collection Agency Act, Consumer Fraud and Deceptive Business Practices Act and the Federal Fair Debt Collection Practices Act when filing collection lawsuits. 

Specifically, LVNV and Resurgent allegedly failed to provide documentation to prove the plaintiffs owed the alleged balances brought in the collection lawsuits. As a result, the collection lawsuits were illegal, the plaintiffs maintained.

The defendants haven’t admitted any wrongdoing but agreed to pay $100,000 to resolve these allegations.

Under the terms of the LVNV Funding settlement, class members will receive either a $75 account credit or a cash payment. 

Class members with collectible accounts and whose accounts have an outstanding balance of more than $75 will receive a $75 account credit. Class members whose accounts are uncollectible or who have an outstanding balance of $75 or less will receive a settlement payment. 

The deadline for exclusion and objection is Oct. 24, 2022. 

The final approval hearing for the LVNV Funding settlement is scheduled for Nov. 14, 2022. 

In order to receive benefits, class members may need to file a claim form. Claim forms are only required for class members whose accounts are uncollectable or who have an outstanding balance of $75 or less. All other class members will receive their account credits automatically. 

The deadline to submit a claim form is Oct. 24, 2022.

Who’s Eligible

The settlement benefits individuals named in a collection lawsuit filed by LVNV Funding LLC or Resurgent Capital in Illinois courts between Sept. 19, 2010, and Sept. 30, 2018.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/24/2022

Case Name

LVNV Funding LLC v Vittorio Blaylock and LVNV Funding LLC v Casey Davis, as Independent Administrator of the Estate of Guillermo Macia, Case Nos. 13 L 562 Consolidated with 12 SC
2568, in the Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois

Final Hearing

11/14/2022

Settlement Website

LVNVSettlement.com

Claims Administrator

LVNV CLASS ACTION SETTLEMENT
c/o Settlement Administrator
PO Box 2009
Chanhassen, MN 55317-2009
info@LVNVsettlement.com
855-773-0250

Class Counsel

Sean K Cronin
Brendan M Nester
DONOVAN ROSE NESTER PC

David Cates
THE CATES LAW FIRM LLC

Defense Counsel

Nabil Foster
BARRON AND NEWBURGER PC

Mark Bauman
HINSHAW & CULBERTSON LLP