POINT PLEASANT - A company sued in October by former state Attorney General Darrell McGraw claims it is confused as to what it is being charged with.
McGraw filed the lawsuit on Oct. 2, 2012, in Mason Circuit Court, seeking civil penalties and injunctive and equitable relief to redress Intersections Insurance Service allegedly unlawful, unfair, deceptive and/or unconscionable practices in violation of the West Virginia Consumer Credit and Protection Act since Jan. 1, 2001.
McGraw claimed the defendant made inadequate disclosures to consumers; committed unlawful telemarketing activities; imposed unlawful fees; sold services to consumers who could not receive the purported benefits; refused to award coverage to certain consumers enrolled in payment protection plans; and made and enforced unconscionable terms or provisions of consumer credit sales.
"Intersections is a company that sells and/or markets and/or administers certain products and services to West Virginia consumers... Intersections' practices constitute unfair or deceptive acts or practices and unconscionable conduct under the Act..." the complaint states.
The company filed a motion for a more definite statement on April 2.
In the defendant's accompanying memorandum, Intersections claims it is unclear from a fair reading of the complaint how McGraw believes it has violated any of the statutory provisions set forth in the complaint.
The case is now being handled by Attorney General Patrick Morrisey, who took office earlier this year.
Intersections has asked the court to order Morrisey to prepare a more definite statement as to why it has been made a defendant in this action.
"Based upon the four corners of the Complaint, it is clear that Plaintiff simply pleads a variety of legal conclusions, opinions and unwarranted averments of fact without including specific facts related to IISI activities which allegedly violated the West Virginia Consumer Credit and Protection Act," the memorandum says.
Morrisey is seeking civil penalties with pre- and post-judgment interest. He hired private attorneys Troy N. Giatras of the Giatras Law Firm PLLC and W. Jesse Forbes of Forbes Law Offices PLLC to represent the State.
Intersections is being represented by Charles R. Bailey of Bailey & Wyant PLLC.
The case has been assigned to Circuit Judge David W. Nibert.
Mason Circuit Court case number: 12-C-122