Newton v. LVNV Funding, LLC

Sanders, Janet L., J.

This putative class action alleges unlawful debt collection activity by defendant LVNV Funding, LLC (LVNV). Specifically, plaintiff alleges that LVNV has used courts of this Commonwealth to collect consumer debts and therefore acted as a “debt collector” even though it was not licensed as required by Massachusetts Debt Collection Law, G.L.c. 93, §24. The defendant now moves to dismiss the First Amended Complaint (the Complaint) pursuant to Rule 12(b)(6), Mass.R.Civ.P. Among other things, it argues that the plaintiff, who already had a judgment entered against her in…