Dynamic Recovery, LVNV Facing FDCPA Suit Over Allegedly Time-Barred Debt

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Dynamic Recovery Solutions, LLC and LVNV Funding, LLC are facing a proposed class action lawsuit that claims the debt collectors misled a Texas consumer as to her rights under the Fair Debt Collection Practices Act. The suit claims the woman received a collection letter from the defendants informing her that “LVNV Funding, LLC will not sue” her to collect an alleged debt because of its age.

The complaint argues that the language in the notice is deceptive because it implies that the debt collector has chosen not to sue the plaintiff, when, in truth, it is legally not permitted to commence litigation against her, nor does it have the option to change its mind should the individual not submit payment.

“Moreover,” the complaint reads, “the Collection Letter is completely silent as to the rights of the debt collector, Defendant Dynamic, to file a lawsuit against the consumer.”

Finally, the case argues, the defendants failed to inform the plaintiff that any payments she submitted would cause the statute of limitations to be renewed, thereby allowing the companies to assume more aggressive collection methods.