Bradford v. LVNV Funding, LLC
3 F. Supp. 3d 708
E.D. Tenn.2014Background
- Debt purchased by LVNV; Buffaloe filed state-court collection suit Oct. 10, 2010 on LVNV’s behalf; affidavit of indebtedness signed by LVNV’s representative Griffin accompanied the warrant; amount stated due as of Feb. 23, 2009; plaintiff contested debt and LVNV dismissed the warrant; plaintiff alleges multiple FDCPA violations and vicarious liability for Buffaloe; court addresses summary judgment standard and FDCPA framework.
- Plaintiff claims defendants used false/misleading representations and impermissible collection practices under FDCPA sections 1692e, e(2)(A), e(5), e(8), e(10), and f; also asserts LVNV is liable for Buffaloe under respondeat superior.
- Court finds for defendants on the claims tied to the civil warrant and affidavit, citing lack of admissible evidence of a pattern of improper conduct; it rejects reliance on affidavits and opinions not properly admissible; plaintiff’s evidence does not create a genuine issue of fact.
- Court discusses licensing under the Tennessee Collection Service Act (TCSA), arguing LVNV may not be required to obtain a license because it relies on licensed agencies/attorneys to collect; it overrules conflicting prior decisions and grants summary judgment for LVNV on licensure claim.
- Court concludes the FDCPA claims based on the warrant/affidavit fail; it grants summary judgment on these claims and also grants the licensure defense, dismissing the complaint against LVNV and Buffaloe
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FDCPA validity of the civil warrant and affidavit | Samuels pattern evidence shows deceptive filings | Affidavit relied on business records; no true pattern shown | Claims fail; summary judgment for defendants |
| Licensing under the Tennessee Collection Service Act (TCSA) | LVNV needed a license before filing collection actions | LVNV not required; relies on licensed collectors/attorneys | LVNV not required to be licensed; granted |
Key Cases Cited
- Samuels v. Midland Funding, LLC, 921 F.Supp.2d 1821 (S.D. Ala. 2013) (FDCPA pattern/licensure considerations discussed)
- White v. Sherman Financial Group, LLC, 984 F.Supp.2d 841 (E.D. Tenn. 2013) (analogous holding on affidavits and FDCPA claims)
- Robinson v. Sherman Financial Group, LLC, 984 F.Supp.2d 816 (E.D. Tenn. 2013) (license/FDCPA viability and LVNV-related issues)
- Clark v. Main Street Acquisition Corp., 553 Fed.Appx. 510 (6th Cir. 2014) (affidavits re: personal knowledge; business records; not material)