In a recent opinion issued by the U.S. District Court for the Southern District of Indiana in Everett v. Financial Recovery Services, Inc. (United States District Court, S.D. Indiana, Case No. 16-01806), Judge Jane Magnus-Stinson granted a Joint Motion to Dismiss by collection agency Financial Recovery Services, Inc. (FRS) and its client, LVNV Funding, LLC (LVNV), for failure to state a claim under the Fair Debt Collection Practices Act (FDCPA). Plaintiff had alleged that the defendants had violated the FDCA because of a misleading communication regarding potential tax consequences.
A copy of the opinion can be found here.
Background
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