Scott McMahon v. LVNV Funding, LLC, No. 15-8018 (7th Cir. 2015)
Annotate this CasePlaintiff brought this putative class action under the Fair Debt Collection Practices Act (FDCPA), claiming that LVNV Funding, Inc. violated the FDCPA when it sought to collect or settle debts that are not legally enforceable because the statute of limitations has run. Plaintiff sought to certify a class of persons in Illinois who had received dunning letters from LVNV containing language that would mislead an unsophisticated consumer into believing that the debt was legally enforceable. The district court declined to certify the class. Plaintiff petitioned the Seventh Circuit under Fed. R. Civ. P. 23(f) for permission to appeal the district court’s decision. The Seventh Circuit vacated the order of the district court, holding that the district court denied class certification on an improper ground and raised a question worthy of immediate appeal under Rule 23(f). Remanded for further proceedings on the class allegations.
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