LVNV Funding, LLC v. Davis

Illinois Appellate Court
Criminal Court
Collections
Citation
Case Number: 
2020 IL App (5th) 190380
Decision Date: 
Wednesday, December 23, 2020
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Reversed and remanded.
Justice: 
MOORE

Court erred in granting Defendant/counterplaintiff's motion to certify a class as to counterclaim alleging a violation of section 8b of Collection Agency Act. Requirements of section 8b do not apply to debt buyers pursuing collection litigation on their own behalf. It is not a violation of section 8b to fail to attach an assignment of the purported debt to the complaint.  Section 8b requires only that there is an assignment of the account that meets the requirements of that section. (BOIE and BARBERIS, concurring.)