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.
Grace v. LVNV Funding, Inc., 2014 U.S. Dist. LEXIS 71012 (W.D. Ky. May 23, 2014):
Grace holds that debt collector violated Kentucky usury law and the FDCPA by attempting to disguise 18% interest as a “service charge.”
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.
Currier v. First Resolution Inv. Corp., 762 F.3d 529 (6th Cir. Ky.2014):
Currier holds filing and allowing an unlawful judicial lien to remain in place is an unfair or unconscionable practice that violates the Fair Debt Collection Practices Act (“FDCPA”).
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.
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