Bohannon et al v. Dominion Law Associates, P.L.L.C., No. 3:2014cv00354 - Document 35 (E.D. Va. 2015)
Court Description: OPINION. Signed by District Judge John A. Gibney, Jr. on 03/02/2015. (walk, )
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Bohannon et al v. Dominion Law Associates, P.L.L.C. Doc. 35 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KEITH BOHANNON and TERRESE JENNINGS, on behalfofthemselves and all others similarly situated. Plaintiffs, V. Civil Case No. 3:14-cv-354 LVNV FUNDING, LLC, Defendant. OPINION In this case, two individuals bring class and individual claims against a debt collector for the manner in which the debt collector attempted to collect debts in Virginia state courts. The plaintiffs, Keith Bohannon and Terrese Jennings, claim that LVNV Funding, LLC, a debt collector, violated both federal and state law by filing improper documents in collection cases in Virginia's General District Courts. They assert one class claim and seven individual claims against LVNV. LVNV asks the Court to dismiss Counts Two through Six for lack of subject matter jurisdiction and Counts One and Six for failure to state a claim. In Count One, the plaintiffs raise a class claim arising from a violation of the Fair Debt Collection Practices Act, 15 U.S.C. ยง 1692e(l 1). This section requires debt collectors to include certain warnings in materials sent to collect debts; the warnings are commonly known as the "mini-Miranda" disclosure. The plaintiffs say that LVNV should have included the warnings on Dockets.Justia.com
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