Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tormenia v. LVNV Funding, Inc.

United States District Court, M.D. Florida, Tampa Division

July 30, 2019

VINCENT TORMENIA, Plaintiff,
v.
LVNV FUNDING, INC., et al., Defendants.

          ORDER

          STEVEN D. MERRYDAY UNITED STATES DISTRICT JUDGE.

         In this consumer protection action, LVNV Funding moved (Doc. 43) to compel arbitration. Because the motion and Vincent Tormenia's response (Doc. 47) caused considerable confusion, an April 22, 2019 order (Doc. 50) directed LVNV to reply to Tormenia's response and ordered Tormenia to show cause (1) why the complaint should not be dismissed and (2) why his attorneys should not face sanction under Rule 11, Federal Rules of Civil Procedure.

         Tormenia and LVNV stipulate (Doc. 51) to dismissal without prejudice. Also, Tormenia moved first (Doc. 52) to dismiss Credit Control without prejudice and later moved (Doc. 58) to dismiss Credit Control with prejudice. Although Credit Control fails to respond to the motion to dismiss without prejudice, Credit Control opposes (Doc. 59) dismissal with prejudice. Additionally, Credit Control moves (Doc. 54) to recover an attorney's fee.

         BACKGROUND

         Tormenia sued (Doc. 1) LVNV and another defendant under three consumer protection statutes, including the Telephone Consumer Protection Act. However, Tormenia amended the complaint (Doc. 14) and omitted the second defendant. A review of TCPA actions litigated by Tormenia's attorneys reveals that Tormenia's attorneys have filed an almost identical complaint in dozens of other TCPA actions. (Doc. 50 at 1)

         More than six months after suing, Tormenia moved again (Doc. 25) for leave to amend the complaint. The motion explained that Tormenia sought “to clarify (1) [that Tormenia] was not the account holder and (2) [that LVNV] may have been attempting to collect on multiple accounts. Further, [Tormenia] also endeavors to add Credit Control . . . as a co-defendant.” A February 1, 2019 order (Doc. 27) granted leave to amend the complaint.

         Although Tormenia's second amended complaint (Doc. 28) adds Credit Control as a defendant (by repeating against Credit Control allegations that are almost identical to the boilerplate allegations against LVNV), [1] the second amended complaint fails to mention either an additional account holder or “multiple accounts.” Further, Tormenia replaced the allegation:

In or about July of 2016, [Vincent Tormenia] spoke to . . . LVNV . . . and told [LVNV] not to call him regarding this debt as the debt had been previously discharged through a bankruptcy proceeding[, ]

(Doc. 14 at ¶ 29) with the allegation:

In or about 2017, [Vincent Tormenia] began receiving calls from, and on behalf of . . . [LVNV]. [LVNV and Credit Control] were calling [Vincent Tormenia] in attempt to collect on a consumer debt(s). [Vincent Tormenia] informed [LVNV and Credit Control] he was not the account holder of the account(s) at issue and was not responsible for the alleged debt(s) and to stop calling.

(Doc. 28 at ¶¶ 33-35) The second amended complaint omits mention of a July 2016 call or bankruptcy, and Tormenia never requested leave to amend (Doc. 25) to either change a date or remove the mention of bankruptcy.

         Also, the second amended complaint includes the following allegations:

[LVNV and Credit Control] robocalled [Vincent Tormenia] over 300 times.
LVNV . . . made at least one call to (917) 749-8935[, ] . . . made at least one call to (727) 367-8284[, ] . . . made at least one call to (917) 749-8935 . . . using an ATDS[, ] . . . made at [sic] seventy-five (75) calls to (917) 749-8935[, ] . . . made at [sic] seventy-five (75) calls to (727) 367-8284[, ] . . . made at least seventy-five (75) calls to (917) 749-8935 using an ATDS[, ] . . . made at least one hundred and fifty (150) calls to (917) 749-8935[, ] . . . made at least one hundred and fifty (150) calls to (727) 367-8284[, ] . . . made at least one hundred and fifty (150) calls to (917) 749-8935 using an ATDS[, ] . . . made at least three hundred (300) calls to (917) 749-8935[, ] . . . made at least three hundred (300) calls to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.