IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

SCOTT MCMAHON, )

on behalf of plaintiff and the classes defined )

herein, )

)

Plaintiff, )

)

vs. ) 12-cv-1410

)

LVNV FUNDING, LLC, ) Judge Kocoras

RESURGENT CAPITAL SERVICES, L.P.; ) Magistrate Judge Denlow

ALEGIS GROUP, LLC; )

and TATE & KIRLIN ASSOCIATES, INC., )

)

Defendants. )

PLAINTIFF'S MOTION FOR LEAVE TO CITE ADDITIONAL AUTHORITY

Plaintiff respectfully asks the Court for leave to cite additional authority in further

opposition to the motion to dismiss of Defendants LVNV Funding, LLC (“LVNV”), Resurgent

Capital Services, L.P. (“Resurgent”), Alegis Group, LLC (“Alegis”), and Tate & Kirlin

Associates, Inc. (“Tate & Kirlin”).

In support of this motion, Plaintiff states as follows:

 1. On October 1, 2012, the Consumer Financial Protection Bureau, which

has taken over much of the FTC's enforcement responsibility, and has also been granted rulemaking authority with respect to debt collection, the Federal Deposit Insurance Corporation, the

Federal Reserve Board, and the Office of the Comptroller of the Currency entered into consent

orders with three American Express-related entities requiring disclosure that debts they attempt

to collect were time-barred. 2012-CFPB-0002 (Appendix A); 2012-CFPB-0003 (Appendix B);

2012-CFPB-0004 (Appendix C). 

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Case: 1:12-cv-01410 Document #: 59 Filed: 10/02/12 Page 1 of 3 PageID #:453
2. The orders require that “the Bank shall continue to provide disclosures 

concerning the expiration of the Bank’s litigation rights when collecting debt that is barred by

the applicable state statutes of limitations. . . .” (Appendix A, p. 6 of 35; Appendix B, p. 5 of 28).

3 Thus, five agencies have entered into four consent decrees explicitly based 

on the duty-to-disclose theory advanced by plaintiff here.

4. The order further requires disclosure of “all material conditions, benefits 

and restrictions concerning any offer of settlement. . . .” (Appendix A, p. 7 of 35; Appendix B, p.

6 of 28). The decrees thus recognize that “settlement offers” can be misleading if they fail to

disclose material information.

WHEREFORE, for the foregoing reasons, Plaintiff respectfully asks the Court for

leave to cite additional authority in further opposition to LVNV, Resurgent, Alegis and Tate &

Kirlin’s motion to dismiss.

Respectfully submitted,

s/Daniel A. Edelman

Daniel A. Edelman

Daniel A. Edelman

Cathleen M. Combs

James O. Latturner

Tiffany N. Hardy

EDELMAN, COMBS, LATTURNER

& GOODWIN, LLC

120 South LaSalle Street, 18th Floor

Chicago, Illinois 60603

(312) 739-4200

(312) 419-0379 (FAX)

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Case: 1:12-cv-01410 Document #: 59 Filed: 10/02/12 Page 2 of 3 PageID #:454
CERTIFICATE OF SERVICE

I, Daniel A. Edelman, hereby certify that on October 2, 2012, a true and accurate copy of

the foregoing document was filed via the Court’s CM/ECF system and notification of such filing

was sent to the following parties:

David M. Schultz

dschultz@hinshawlaw.com

Nabil G. Foster

nfoster@hinshawlaw.com

s/Daniel A. Edelman

Daniel A. Edelman

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