CHARLESTON -- A Kanawha County woman is suing Capital One after she claims it engaged in repeated violations of the West Virginia Consumer Credit and Protection Act.

Cynthia L. Smith claims the defendant made false representations as to the character, extend and amount of the claim against her, according to a complaint filed July 3 in Kanawha Circuit Court.

Smith claims Capital One sent her letters with the intent to annoy and harass her and contacted her even after she advised the bank that she was represented by counsel.

Capital One also continued to attempt to collect a debt that Smith does not owe, according to the suit.

Smith claims the defendant's actions have annoyed, inconvenienced, harassed, bothered, upset, angered, harangued and otherwise caused indignation and distress to her.

Capital One was negligent in its actions and its conduct was atrocious, intolerable and extreme, according to the suit.

Smith is seeking compensatory and punitive damages. She is being represented by G. Nicholas Casey Jr. and Spencer D. Elliott.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 12-C-1232

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