Fulk v. LVNV Funding LLC

Fulk v. LVNV Funding LLC, 2014 U.S. Dist. LEXIS 150220 (E.D. Ky. Oct. 21, 2014):

Fulk holds that statutory prejudgment interest can only be awarded by a trial court. The debt collector violated the FDCPA by adding extra-judicially accrued interest to the amount of a debt it reported to consumer reporting agencies.

Conway v. Portfolio Recovery Assocs.

Conway v. Portfolio Recovery Assocs., LLC, 2014 U.S. Dist. LEXIS 43281 (E.D. Ky. Mar. 31, 2014):

Conway is first case accessible online—state or federal—to reach the issue of the statute of limitations for credit card debts. Conway strongly implies that credit card agreements are not contracts in writing within the meaning of Kentucky’s statute-of-limitations laws. But Conway holds that the debt collector’s cause of action was subject to Virginia’s three-year statute of limitations under a straight forward application of Kentucky’s borrowing statute.

Tyler v. DH Capital Mgmt.

Tyler v. DH Capital Mgmt.,736 F.3d 455 (6th Cir. Ky.2013) (briefed case but not credited):

Tyler concerns the accrual of FDCPA claims and involves the intersection of federal, state, and bankruptcy laws. Tyler reversed the district court’s order granting the debt collector’s motion to dismiss.

Stratton v. Portfolio Recovery Associates, LLC

Stratton v. Portfolio Recovery Associates, LLC, 2014 U.S. App. LEXIS 20517, 2014 FED App. 0266P (6th Cir.):

Stratton holds that a debt collector cannot recover interest on a debt for a time period before it acquired the debt. The original creditor’s waiver of interest is binding on the debt collector. Stratton construes Kentucky’s usury statute as a consumer-protection statute rather than creating rights for creditors.