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Casso v. Lvnv Funding, LLC

United States District Court, N.D. Illinois

June 26, 2013

PAMELA CASSO, on behalf of plaintiff and a class, Plaintiff,
v.
LVNV FUNDING, LLC; RESURGENT CAPITAL SERVICES LP; and ALEGIS GROUP LLC, Defendants

For Pamela Casso, on behalf of plaintiff and a class, Plaintiff: Daniel A. Edelman, LEAD ATTORNEY, Cathleen M. Combs, James O. Latturner, Sharon Goott Nissim, Tiffany Nicole Hardy, Edelman, Combs, Latturner & Goodwin, LLC, Chicago, IL.

For LVNV Funding, LLC, Resurgent Capital Services LP, Alegis Group LLC, Defendants: Gary Steven Caplan, LEAD ATTORNEY, David Ackland Maas, Timothy Robert Carraher, Reed Smith LLP, Chicago, IL.

OPINION

JOHN W. DARRAH, United States District Court Judge.

Page 826

MEMORANDUM OPINION AND ORDER

Plaintiff Pamela Casso has filed a one-count class action against LVNV Funding, LLC (" LVNV" ), Resurgent Capital Services,

Page 827

LP (" Resurgent" ), and Alegis Group LLC (" Alegis" ) (collectively, " Defendants" ), alleging a single violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (" FDCPA" ). Defendants have filed a Motion to Dismiss Plaintiff's Amended Complaint.

BACKGROUND

The following facts are drawn from Plaintiff's Amended Complaint and attached exhibits and are accepted as true for purposes of the Motion to Dismiss. See Reger Dev., LLC v. Nat'l City Bank, 592 F.3d 759, 763 (7th Cir. 2010). Defendant LVNV is engaged in the business of purchasing defaulted debts originally owed to others. (Am. Compl. ¶ 7.) LVNV attempts to collect the debts from the debtors by filing or threatening suits and has filed thousands of collection lawsuits in Illinois courts. ( Id. ¶ ¶ 9, 12.) Defendant Resurgent operates a collection agency and holds one or more collection agency licenses. ( Id. ¶ ¶ 17-18.) Defendant Alegis is the sole general partner of Resurgent. ( Id. ¶ 21.) LVNV has no employees, and all actions taken in the name of LVNV are in fact taken by Resurgent, pursuant to a written agreement and power of attorney that LVNV has executed in favor of Resurgent. ( Id. ¶ 23.) According to LVNV's website, Resurgent has been hired by LVNV to service and manage debt portfolios on LVNV's behalf. ( Id. ¶ 25.) LVNV and Resurgent are under common ownership and management, and both are part of the Sherman Financial Group. ( Id. ¶ 27.)

Defendants have sought to collect an alleged debt from Plaintiff on a credit card balance. ( Id. ¶ 29.) On November 14, 2011, LVNV filed a lawsuit against Plaintiff in the Circuit Court of Cook County, Illinois. ( Id. ¶ 30.) In the complaint filed in that lawsuit, LVNV attached an affidavit by Resurgent employee Matthew Sowell. ( Id. ¶ ¶ 32-33.) According to Sowell's affidavit, the debt LVNV sought to collect was a Citibank credit card debt. ( Id. ¶ 35.) In his affidavit, Sowell stated:

1. I am an Authorized Representative for LVNV Funding LLC (hereafter the " Plaintiff" ) . . . . The information below is true and correct to the best of my information and belief based ...

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