Bohannon et al v. Dominion Law Associates, P.L.L.C.

Filing 35

OPINION. Signed by District Judge John A. Gibney, Jr. on 03/02/2015. (walk, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

KEITH BOHANNON and TERRESE JENNINGS,

on behalfofthemselves and all others similarly situated.
Plaintiffs,
V.

Civil Case No. 3:14-cv-354

LVNV FUNDING, LLC,
Defendant.

OPINION

In this case, two individuals bring class and individual claims against a debt collector for
the manner in which the debt collector attempted to collect debts in Virginia state courts. The

plaintiffs, Keith Bohannon and Terrese Jennings, claim that LVNV Funding, LLC, a debt
collector, violated both federal and state law by filing improper documents in collection cases in

Virginia's General District Courts. They assert one class claim and seven individual claims
against LVNV. LVNV asks the Court to dismiss Counts Two through Six for lack of subject
matter jurisdiction and Counts One and Six for failure to state a claim.
In Count One, the plaintiffs raise a class claim arising from a violation of the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692e(l 1). This section requires debt collectors to include

certain warnings in materials sent to collect debts; the warnings are commonly known as the
"mini-Miranda" disclosure. The plaintiffs say that LVNV should have included the warnings on