Marcie Biggs became in arrears upon an alleged debt to Chase and the bank began to engage in collections of the debt, according to a complaint originally filed in Putnam Circuit Court and later removed to federal court.
Biggs claims Chase began calling her multiple times using “automatic telephone dialing system” to her cell phone and home phone and that those phone calls were not regarding an emergency or about a debt owed to the United States, which violates the U.S. Constitution.
When the defendant placed calls to the plaintiff, she would hear a pause or “dead air” before a person would come on the line and she believed that an ATDS was used by the defendant, according to the suit.
Biggs claims she retained counsel to represent her interest in the matter and she mailed a letter to the defendant with her attorney’s contact information.
The defendant continued to call Biggs and would call her repeatedly, according to the suit.
Biggs claims the defendant violated the Telephone Consumer Protection Act and the West Virginia Consumer Credit and Protection Act.
The defendant also violated the West Virginia Computer Crimes and Abuse Act and the Telephone Harassment statute, according to the suit.
Biggs is seeking compensatory and punitive damages. She is being represented by Daniel Armstrong and Benjamin M. Sheridan of Klein & Sheridan.
Chase is represented by Debra Lee Hovatter and Angela L. Beblo of Spilman Thomas & Battle.
U.S. District Court for the Southern District of West Virginia case number: 3:17-cv-02425
