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Baltimore City Jury awarded a Class of 1,589 Maryland residents the sum of $38,630,344
Baltimore City Jury awarded a Class of 1,589 Maryland residents the sum of $38,630,344.00 against South Carolina and Nevada debt collector LVNV Funding LLC for unlawful debt collection throughout the State of Maryland on May 20, 2016.
Previously in the case, the Maryland Court of Special Appeals held that LVNV had acquired thousands of illegal and unenforceable judgments against the Class of Maryland residents. See Finch v. LVNV Funding, LLC, 212 Md. App. 748 (2013). Later, the Maryland Court of Appeals declined to review that issue and to stay the holding of the intermediate appellate court. Later after trial and the jury verdict (which was remitted to $25,000,000), the appellated courts affirmed the judgment of liability.
LVNV Funding, LLC v. Finch, 463 Md. 586, 207 A.3d 202 (2019). This case is currently on remand to the Circuit Court for Baltimore City awaiting a decision on post-appeal motions and scheduling of a new trial for damages.
At the first trial, the Plaintiffs proceeded against Defendant LVNV seeking a return of all the sums collected by LVNV against the Class based on the illegal actions it filed and judgments it had obtained on the common law theories of unjust enrichment and money had and received and violations of the Maryland Consumer Debt Collection Practices Act.
“The evidence at trial showed that LVNV had collected approximately $3,600,00.00 from the Class based on its illegal activities,” explained Plaintiff’s counsel Scott Borison from the Legg Law Firm LLP. “And even though the appellate court and the circuit court had long ago held the judgments were unenforceable, the evidence at trial showed LVNV continued to collect upon the illegal judgments until just a week before the trial.”
The jury’s verdict recognized that LVNV should not be unjustly enriched for the sums collected to which it was not entitled to receive in the first place. “Under the restitution theory presented to the jury,” explained Plaintiffs’ counsel Phillip Robinson from the Consumer Law Center, LLC, “the Defendant was not entitled to keep that which it wrongfully took and it was not entitled to keep the profits it made off the money. The evidence at trial showed LVNV acquires debts for pennies on the dollar and reinvested the funds it unjustly collected to acquire substantially more profits which under the law it is not entitled to keep.”
List of Sample Representative Consumer Law Cases
Graham v. Servis One, Inc., (U.S. Dist. Ct., Civ. Act. No. 2:18-cv-4377-WB) (E.D. Pa. November 2020)
- Counsel in nationwide settlement class under the Fair Debt Collection Practices Act, involving claims that servicer had attempted to collect sums not lawfully due from the settlement class. The notice and resulting settlement proceeds generated the highest rate of phone calls by members of the class than any other class action the Consumer Law Center had previously been involved with.
Payne v. Marriott Employees Fed. Credit Union, No. CV 18-4009, 2019 WL 161732, at (E.D. Pa. Jan. 9, 2019)
- Counsel in case challenging the accuracy of disclosures under the Truth in Lending Act related to high-interest loans and opposing dismissal. Resulted in a class-wide settlement that obtained substantial relief for 204 consumers.
Barbely v. Dyck O’Neal Inc., Cir. Ct. for Anne Arundel County, Civ. Case No. 02-C-14-190995 (2016)
- Counsel in certified class action which eliminated several million in mortgage deficiencies allegedly owed for a class of 38 consumer mortgage loans.
Wilcox v. Servis One Inc., United States District Court for the District of Maryland, Case No. 1:19-cv-02535-RDB (Feb. 1, 2021)
- Served as counsel for Maryland homeowner against mortgage servicer who improperly claimed and collected fees not owed, and then claimed homeowner to be past due on her mortgage payments. Homeowner succeeded on claims under Maryland law, the Real Estate Settlement Procedures Act, and the Fair Credit Reporting Act.
Banks v. Rushmore Loan Management Services LLC, Montgomery County Cir. Ct. Civ No. 444995V (2019)
- Obtained summary judgment against Rushmore and the owner of the loan for unfair and deceptive sales practices in failing to honor a loan modification on behalf of consumer, homeowners.
White v. Green Tree Servicing, LLC, No. CIV.A. RDB-14-3295, F.Supp.3d, 2015 WL 4647944 (D. Md. Aug. 4, 2015)
- Served as counsel for Maryland homeowner against her mortgage servicer who improperly declared her loan in default when she was current but trying to refinance with a different mortgage lender. Homeowner is pursuing claims under Maryland law, the Real Estate Settlement Procedures Act, and the Fair Credit Reporting Act.
Hollidayoke v. JBL Mortgage Network, LLC, et al, Anne Arundel Cir. Ct. Civ No. 02-C10-155944 (2012)
- Served as lead counsel for all pre-trial and trial purposes; presented plaintiff’s Real Estate Settlement Procedures Act and state unfair and deceptive practice claims against mortgage defendants in six-day jury trial concerning the arrangement of payment option mortgages for a 72 year old consumer.