Legal Opinion

Grace v. LVNV Funding, Inc.

District Court, W.D. Kentucky

Decided May 23, 2014No. Civil Action No. 3:13-CV-1021-HPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOHN G. HEYBURN II, Senior District Judge.

This case raises the interesting question of when a “service charge” might actually constitute interest under Kentucky law. Defendant PSI Louisville (“PSI”) collects debts for an emergency room that Grace once visited. The emergency room charges what its intake contract deems an 18% “service charge” on past due accounts. Grace failed to pay her bill and PSI eventually reported to various credit agencies a past due amount that included the “service charge.” Grace argues that this “service charge” is actually disguised…

2Cases cited22 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Smiley v. Citibank (South Dakota), N. A.Supreme Court of the United States · 1996
  4. Ken Baker v. G. C. Services CorporationCourt of Appeals for the Ninth Circuit · 1982
  5. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-3856 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. In No. 99-3857 Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-4049 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3858 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. In No. 99-3859 Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3898 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp IncCourt of Appeals for the Third Circuit · 2000

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3Cited by3 opinions

  1. Fulk v. LVNV Funding LLCDistrict Court, E.D. Kentucky · 2014
  2. Christopher Boling v. Prospect Funding Holdings, LLCCourt of Appeals for the Sixth Circuit · 2019
  3. Neal A. Haney v. Jerome C. Stykes A/K/A Jerry StykesCourt of Appeals of Kentucky · 2023

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