James v. LVNV Funding, LLC, Case No. 1:26-cv-01716

Primary Source: View Original Complaint (PDF)

Facts as Alleged in the Complaint

The following is taken verbatim from the complaint filed in federal court. These are allegations; no finding of fact has been made.

Factual Allegations

2. Venue is proper in this district pursuant to 28 U.S.C. § 1391 because a substantial part of the events or omissions giving rise to the claims occurred in this district and Plaintiff resides in this district.
3. Plaintiff is a natural person and consumer. Defendant LVNV Funding, LLC is a debt collector and furnisher of information.
4. Plaintiff does not admit the existence, validity, or enforceability of the alleged account. Any references to the account are based solely on Defendant’s representations. 5, Plaintiff initiated arbitration and paid the required filing fee under protest. The American Arbitration Association (AAA) issued a case number and added Defendant’s counsel. AAA issued a fee demand with deadline. Defendant failed to comply. AAA closed the case and stated either party may proceed in court under Rule R-10(b). Plaintiff declined to reopen the matter.
6. Defendant has not produced any agreement, arbitration clause, or governing terms in effect at the time of the alleged account’s origination, nor any evidence demonstrating that such terms were validly assigned or enforceable by Defendant.
7. Defendant has failed to produce any account-level documentation, assignment records, or evidence sufficient to establish ownership, standing, or authority to collect or furnish information,
8. Defendant produced an “Account Summary” which states it is not from the original creditor and was prepared by a third party. The document v/as generated after the alleged transfer and does not constitute contemporaneous evidence of ownership or agreement.
9. The document identifies multiple entities, including several on the same transfer date, without account-level documentation establishing each stage of transfer. Defendant has failed to demonstrate how Plaintiffs alleged account was conveyed through each entity.
10. COUNT I – FCRA (15 U.S.C. § 1681s-2(b)) Defendant, acting as a furnisher, failed to conduct a reasonable investigation after notice of dispute and continued to furnish and verify disputed information without substantiation.
11. COUNT II – FDCPA (15 U.S.C. §§ 1692e, 1692e(8), 1692f) Defendant engaged in false, deceptive, and misleading representations and unfair practices, including communicating information known or which should have been known to be false.
12. COUNT III – FDCPA (15 U.S.C. § 1692g) ★ Defendant failed to provide proper validation of the alleged debt.
13. Plaintiff respectfully requests that this Court enter judgment in his favor and award: a. Statutory damages pursuant to 15 U.S.C. § 1681n; b. Actual damages pursuant to 15 U.S.C. § 1681o; c. Statutory damages pursuant to 15 U.S.C. § 1692k; d. Punitive damages for willful violations: e. Total damages in the amount of $150,000; f. Costs of this action: and g. Such other and further relief as the Court deems just and proper. Respectfully submitted, (Sign here^ ink) 0>cvVe-o3- aDaryl James 140-12 243rd Street Rosedale, NY 11422 (347) 223-7542 daryljames94@gmail.com Social Security Administration Retirement, Survivors, and Disability Insurance Important Information o o o> CO I Northeastern Program Service Center 1 Jamaica Center Plaza Jamaica, New York 11432-3898 Date: December 4, 2024 o o CO CO O O BNC#: 24IB330C85540-A -0 I ro DARYL JAMES ro -o 140 12 243RD ST o o o ROSEDALENY 11422-2125 o o o o o o o o fO <T> o o cn We are writing to you about court order number CB66688Y1 concerning your responsibility for child support, alimony or court ordered victim restitution. What We Plan To Do We have been ordered to take $675.00 from each monthly payment you are due to pay your obligation for child support, alimony or court ordered victim restitution. We withheld $675.00 from the payment you will receive around January 3, 2025. After that we will withhold $675.00 each month. You will receive another letter showing the payment amount you will receive. If You Disagree With The Decision If you disagree with the decision of the court that issued the garnishment order, you will need to contact them directly or have a lawyer do it for you. Sadai SecwdU^ (IdmumVicUum c ■C>> o lO CD O) to CO N3 ro N) oi to JS44 CIVIL COVER SHEET (Rev 08/18) The JS 44 avii cover shed and ilie inCormalton concained herein neither replace nor supplement the tiling and ser%’iccoi’plcadings or other papers as required by law. except as provided by local rules of court. This form, approved by the Judicial Conlerence of the United States in September 1974. is required for the use ofthc Clerk of Court for the purpose of initiating the civil docket sheet. (S.F.F INSTRUCTIONS OS NEXTI’AGF OF THIS FORM.) DEFENDANTS
1. (a) PLAINTIFFS U/WV (b) County of Residence of First Listed FMaintifT County ofRe-sidcncc of First Listed Defendant I I HNU.S. PLAINTIFF CASES OND’j IFJICEPTINUS PLAINTIFFCASESi IN LAND CONDEMNATION CASES. USE THE LOCATION OF THF. TRACT OF LAND INVOLVED. NOTE; Attorneys ill Known) (C) Attorneys (Firm Namr. Address, and Tflrphoiif Numhrri in. CITIZENSHIP OF PRINCIPAL PARTIES (Plac e iiii “X” in One Baefor Plamujf II. BASIS OF JURISDICTION (Place an “X” in One Box Only) and One Box for DeJenJanll (For DWersny Cases Only) Federal Question U S. Government I Citizen iifTliis State (US <’iovcmme/i/.Vofa/’urt>/ Plamnrr PTF DEF □ I PTF Incorporated or Principal Place DF.F 0 4 0 5 0 6 of BiLsiiiess In This Slate O 4 U S. (iovemmeni Citizen of Another State Diversity incorporated and Pnncipal Place ufBusiness In Anuther State (Indicate Cilisenship of Parlies in hem III) Defeiulanl Citizen or Subject of a Foreign Nation Foremn Country IV. NATURE OF SUIT (Place an “X” in One Box Only) [ PERSONAL INJURY 3 110 Insurance □ 1.10 Miller Act n Liability 140 Negotiable Instrument 1,50 Recovery of Overpayment 151 Medicare Aci 152 Recovery ofDclaiilied PERSONAL INJURY n 365 Personal Injury Product Liability 3 310 Airplane 3 315 Airplane Produci 3 120 Marine Click here for: Nature o 3729(a)) n 400 Slate Reapportiimmeni liaigiifgaTinwfK) Personal Injury D 820 Copyrights O 430 Banks and Banking Product Liability 3 830 Patent 13 450 Commerce O 835 Patent – Abbreviated O 460 Deportation New Drug Application O 840 Trademark O 470 Racketeer Influenced and 3 368 Asbestos Personal Injury Produci 3 345 Marine Product Liability 153 Recovery of Overpayment Liability ofVcicran’s Benefits 3 350 Motor Vehicle O I6U Stockholders’ Suits 3 355 Motor Vehicle (3 371 Truth in Lending PER.SONAI. PROPERT^’ Product Liability I9(i Franchise O 376 Qui Tam (31 USC Slander 3 340 Marine l9.5C.’oiiirael Product liability O 423 Withdrawal 28 USC 157 a 690 Other 3 320 Assault, Libel & (Excludes Veterans) O 375 False Claims Act 367 Health Care/ Student Loans ,3 OTHERSTATPTBS n 422 Appeal 2K USC 1.18 □ 4I0Amitrusi 3 330 Federal Employe^’ Liability 190 Other Contract n 625 Drug Related Seizure of Property 21 USC 881 Pharmaceutical & Enforcement of Judgment SuitCud^Dcscrigtions PORFEmjRE/PENALTY Tsm. CONTRACT 3 36(1 Other Personal Injury ^^__Mcdica|^a[|iracticc CtVIL RIGHTS a 710 Fair Labor Standards 370 Other Fraud n 380 Other Personal 720 l.alMr/Managemem Property Damage 3 385 Property Damage □ 740 Railway Labor Act Produci Liabiliiy 751 Family and Medical PRISONER PETITIONB Rclulioiis 3 220 Foreclosure 3 463 Alien Detainee 3 230 Rciii [.case & Ejectment 3 442 Employmeni n 510 Motions to Vacate 3 24(1 Tom to l.and 3 443 Housing’ 3 245 Ton 1‘roduci Liability 3 530 General Accommodations 3 445 Amer. w/Disabililies ■ 3 535 Death Penally 3 290 All Other Real Property Habeas Corpus: 790 Other Ijbor Litigation n 791 Employee Retirement (ncome Security Act Employment Other O 400 Cahle/Sal TV n 864 SSID Title XVI n 850 Securilics/Cummodilies’ a 865 RSI (405(g)) Exchange 3 890 Other Statutory Actions O 891 Agricultural Acts FEDERAL TAX SUITS □ 893 Environmental Mailers n 870 Taxes (U.S. Plaintiff n 895 Freedomuflnformuiiun or Defendant) Act 26 USC 7609 550 Civil Righis O 896 Arbitration o 899 Administrative Procedure Aci/Rcvicw ur Appeal of Agency Decision O 950 Constitutionality of IMMIGRATION Other: 3 540 Mandamus & Other Protection Act O 863 DIWC/DIWW (405(g)) 3 871 IRS—Third Party Sentence 3 446 Amcr. w/Disabilitics ● O 485 Tclc^Aone Consumer (3 861 HIA(l39Sfr> Leave Act 3 440 Other Civil Righu 3 441 Voting 3 210 Land Condemnatiun Corrupt Organizations t^80 Consumer Credit 3 862 Black Lung (923) Act O 3 362 Personal Injury ● REAL PROPERTV labor 3 462 Naturalization Application 3 465 Other Immigration Slate Statutes Aciiuns 3 555 Prisun Coiidilion 3 448 Education 3 560 Civil Detainee ● Conditions of Confinement RIGIN (place an ‘.V’ in One Box Only) Original Proceeding n 2 Removed from Slate Court n Remanded from (3 4 Reimtated or Appellate Court ReojwneU Cl 5 Transferred from n 6 Multidistrlci □ 8 Multidistrict Litigation – Another District Litigation ● Transfer (spccife) Direct File Cite the U.S. Civil Statute under which you arc filing (l^ noiciujuridictionalsuiuies unless diversity): VI. CAUSE OF ACTION VII. REQUESTED IN S u&cr □ CHECK IF THIS IS A CLASS ACTION CHECK YES only if deffiande^^ in complaint: DEMAND S UNDER RULE 23. F.R.Cv.P. COMPLAINT: VIII. RELATED CASE{S) IF ANY i rof€. iSec insinielions) JURY DEMAND: DOCKET NUMBER JUDCiE SICiWATURE OF ATTORNEY OF RECORD DATE Fro k-g. FOROFFICT-1.se onlt RECEIPT” AMOUNT APPLYING IFP JUDGE MAC. JUDGE es □ No AO 440 SUMMONS (Pre-Filled) UNITED STATES DISTRICT COURT Eastern District of New York PLAINTIFF: Daryl James DEFENDANT: LVNV Funding, LLC TO (Defendant’s Authorized Agent for Service): CT Corporation System 28 Liberty Street New York, NY 10005 IMPORTANT INSTRUCTIONS: ● Leave the Clerk signature, seal, and date blank. ● The Clerk of Court will sign and issue this summons. ● Case number will be assigned after filing. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK DARYL JAMES. Plaintiff. V. LVNV FUNDING. LLC. Defendant. APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (AO 240) Applicant Information Name: Daryl James Address: 140-12 243 Street, Rosedale, NY 11422 Phone: 347-223-7542 Email: daryljames94@gmail.com
1. Employment I am currently not employed. I receive Social Security Disability benefits.
2. Income Monthly income: Social Security Disability benefits (amount to be filled if desired).
3. Assets I have limited assets and no significant savings.
4. Expenses I have regular living expenses including housing, food, transportation, and utilities. Declaration I declare under penalty of perjury that the foregoing is true and correct. I understandthat a false statementmay result in dismissal of my claims. Date: Signature: _ Daryl James l4o AH3S4re’«V Retail #: 7POSTAGE PAID FCM LETTER ROSEDALE, NY 11422 MAR 19, 2026 ‘P>c»Q:lue <U–f UHJj: UHtf£OiTATeS wrai ss/tvice s 0710 5E70 3071 7DEE RDC 99 / ft I ^^vooBsr i X-N’c 30id.- -O”’: ‘ / J S10.77 S2322P501308-14 (M €rk o-^ LtiTN’iVei S>-V4es3)v^:)rr^V (LeurV ® o^doAvvwv ^XiXlUX, ^x~ocWH’^^ i i:soiSi03a C03I0 ul’>HI>flllllll’>l’fl>l’ll^fll’llhfPfll/’^’fll’^^{liinljiiij / *1 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece. the front if space permits. —
1. Article Addressed to: €>n3oUAvfr j COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION or on A. Signature □ Agent X □ Addressee C. Date of Delivery B. Received by (Prinfed Name; D. Is delivery address different from item 17 If YES, enter delivery address below: VVX?i ^563 0710 5E7D 3D71 7QS2 14 PS Form 3811, July 2020 PSN 7530-02-000-9053 t □ No
3. Service Type □ Adult Signature □ Priority Mail Express® □ Registered Mail’“ □ Adult Signature Restricted Delivery □ Registered Mail Restricted □ Certified Mail® □ Signature Confirmation □ Signature Confirmation Delivery □ Certified Mail Restricted Delivery Q590 9402 9953 5335 0236 5Q CD Yes □ Collect on Delivery □ Collect on Delivery Restricted Delivery TM Restricted Delivery □ Insured Mail O Insured Mail Restricted Delivery (over SSOQ) ‘ Domestic Return Receipt

Remedies Sought

• Statutory damages pursuant to 15 U.S.C. § 1681n;
• Actual damages pursuant to 15 U.S.C. § 1681o;
• Statutory damages pursuant to 15 U.S.C. § 1692k;
• Punitive damages for willful violations:
• Total damages in the amount of $150,000;
• Costs of this action: and
• Such other and further relief as the Court deems just and proper.

Frequently Asked Questions

Has Defendant been found liable in this case?

No. This is a complaint — a legal filing that contains allegations made by Plaintiff. Defendant has not been found liable for any wrongdoing. A finding of liability requires a court proceeding where evidence is presented and evaluated by a judge or jury.

What does the Fair Debt Collection Practices Act (FDCPA) prohibit?

The Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) prohibits third-party debt collectors from using abusive, unfair, or deceptive practices. It requires collectors to send a debt validation notice and prohibits harassment, false representations, and unfair practices. Statutory damages can reach $1,000 per lawsuit plus actual damages and attorney fees.

What does the Fair Credit Reporting Act (FCRA) require?

The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) regulates how consumer reporting agencies collect and use credit information. It gives consumers the right to access and dispute their credit reports. Willful violations carry statutory damages of $100–$1,000 plus actual damages and attorney fees; negligent violations allow only actual damages.

What is the current status of this case?

This case was recently filed. See the CourtListener docket linked at the bottom of this page for the complete filing record. This page is updated automatically when new documents are filed.

Where can I read the full complaint against Defendant?

The full complaint is publicly available on CourtListener. The Facts as Alleged section above reproduces the complaint’s factual allegations verbatim. The complete case record, including all filings, is available through the docket link at the bottom of this page.

Source: CourtListener. Information on this page is taken verbatim from the court complaint. These are allegations only; no finding of fact has been made.