BECKLEY – A Raleigh County man is suing Jefferson Capital Systems LLC in a class action lawsuit after he claims it violated the West Virginia Consumer Credit and Protection Act.
D&A Services LLC; and Fenton & McGarvey Law Firm PSC were also named as defendants in the suit.
Thomas Horton was indebted to Comenity Bank and its predecessor, World Financial Network National Bank, upon a “KingSize” credit card account upon which he made his last payment on Aug. 31, 2011, according to a complaint filed Aug. 11 in Raleigh Circuit Court.
Horton claims the defendants claim there is a balance due upon the account in the amount of $1,015 and Comenity Bank sold the alleged debt to Jefferson Capital, who retained D&A and Fenton & McGarvey to collect the debt.
D&A sent a collection letter to Horton on behalf of Jefferson on Dec. 2, 2015, seeking to collect the debt, according to the suit. On May 3, Fenton & McGarvey sent a collections letter to him on behalf of Jefferson.
Horton claims at the time the letters were sent, the collection of the debt was barred by a three-year statute of limitations.
The defendants violated the West Virginia Consumer Credit and Protection Act, according to the suit.
Horton claims the class size is so numerous that joinder of all class members is impracticable, but that his claims are typical of the claims of the class.
Horton is seeking compensatory damages. He is being represented by Ralph C. Young, Christopher b. Frost, Steven R. Broadwater Jr. and Jed R. Nolan of Hamilton, Burgess, Young and Pollard PLLC.
Raleigh Circuit Court case number: 16-C-531