Another Successful Dismissal of a Bogus FDCPA Suit

Frankel Rubin received a favorable decision in Lott v. LVNV Funding, LLC, No. 4:15-cv-00439-DW. The Court Order was issued by the Honorable Dean Whipple of the Western District of Missouri. In the suit, Lott claimed that the Defendants misrepresented that the debt was within the statute of limitations. She alleged that her last payment was on February 24, 2007, but suit was not filed until January 31, 2014.  The applicable statute of limitations in Missouri is 5 years from the date of last payment.

The District Court noted that Lott attached to her Complaint a copy of the Petition filed by Defendants on January 31, 2014. Attached to this collection Petition was an “account summary,” which indicated that six payments were made towards the debt in 2011 and 2012, with the last payment made on April 9, 2012.  Thus, the Court concluded, Plaintiff’s Complaint showed that from the Defendants’ perspective, the collection action did not appear to be time-barred at the time the collection letter was sent or the lawsuit was filed. Therefore, Ms. Lott failed to state a claim under the FDCPA and the lawsuit was dismissed.

Order Granting Motion to Dismiss

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