In Donaldson v. LVNV Funding, LLC, Civil Action No. 1:14-cv-01979-LJM-TAB (S.D. Ind. Apr. 7, 2015) and Torres v. Asset Acceptance, LLC, Civil Action No. 2:14-cv-6542-ER (E.D. Pa. Apr. 7, 2015), the debt collectors filed proofs of claim in the plaintiffs’ Chapter 13 bankruptcy cases. The Debtors filed lawsuits under the FDCPA alleging that filing the proofs of claim violated the FDCPA by making false representations of the character, amount, or legal status of the debt, by threatening to take action that cannot legally be taken, by using false representations or deceptive means to collect or attempt to collect the debts, and by using unfair or unconscionable means to collect or attempt to collect the debts. The Southern District of Indiana and the Eastern District of Pennsylvania granted the creditors Motion to Dismiss in both cases, declining to follow the Eleventh Circuit’s decision in Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014). The 11th circuit found that the POC violated the Fair Debt Collection Practices Act (“FDCPA” 1257 or “Act”). 15 U.S.C. §§ 1692-1692p (2006).
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