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PostPosted: Sun Nov 18, 2007 9:05 pm 
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Maloney v. LVNV Funding LLC,
Slip Copy, 2006 WL 3006484, N.D.Tex., October 20, 2006

MEMORANDUM OPINION AND ORDER


JERRY BUCHMEYER, Senior District Judge.

*1 Before the Court is Defendants' Joint Motion for Summary Judgment (filed August 23, 2006) (Dkt. No. 21). After careful consideration of all parties' submissions, and the law applicable to the issues before the Court, Defendants' Motion is GRANTED in part and DENIED in part.



I. BACKGROUND


Plaintiff Heather Maloney (Maloney) sued LVNV Funding, LLC (LVNV), Resurgent Capital Services, LP (Resurgent), and Sherman Acquisition Limited Partnership (Sherman) (collectively, Defendants) alleging violations under the Fair Credit Reporting Act, 15 U.S.C. § 1681 (FCRA), the Fair Debt Collection Act, 15 U.S.C. § 1692 (FDCPA), and the Texas Debt Collection Practices Act, Tex. Fin.Code § 392.01 (TDCPA), in addition to alleging a common law claim of defamation. LVNV and Sherman are debt purchasers and Resurgent serviced the account as a third-party debt collector.


Maloney defaulted on a credit card account financed by Providian National Bank. The account was charged off on March 1, 2000. Sherman purchased the debt on or about October 30, 2002. Subsequently, on or about September 28, 2005, Sherman assigned the debt to LVNV. Both LVNV and Sherman retained Resurgent to collect the debt. Resurgent sent its first collection notice to Maloney on or about February 18, 2005.


From September 2005 to January 2006, Maloney sent numerous letters to credit reporting agencies and Defendants alleging various inaccuracies in regard to the reporting of the defaulted account. Specifically, Maloney claimed that because the account was charged off, it should not be reported as “openâ€

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


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