West Virginia Record

Wednesday, July 24, 2019

Lawsuit against Ntelos alleging consumer protection violations dismissed

By Kyla Asbury | Dec 3, 2013

CHARLESTON - A lawsuit against Ntelos Inc. for alleged violations of the West Virginia Consumer Credit and Protection Act has been dismissed.

Telecheck Services and TRS Recovery Services were also named as defendants in the suit.

On April 12, an agreed order of dismissal with prejudice was filed in Kanawha Circuit Court.

Ntelos was dismissed from the action by order of the court on Jan. 25 and, as a result of the compromise between the plaintiffs and Telecheck and TRS, they jointly moved the court to dismiss the action with prejudice, according to the dismissal order.

On Sept. 18, 2010, Patricia White and Harry L. White purchased a cell phone and other items with two checks in the amounts of $10.59 and $132.49, according to a complaint filed Oct. 17 in Kanawha Circuit Court.

The Whites claimed on Sept. 21, 2010, both checks were posted to their account and the amounts were withdrawn from the account.

On Sept. 23, 2010, Ntelos presented both checks to the Whites’ bank for payment a second time and withdrew $10.59 and $132.49 from the bank account, illegally and without the Whites’ authorization, according to the suit.

The Whites claimed they disputed the second debit from their bank account with the bank and on Oct. 20, 2010, the bank returned to money to their account.

Telecheck and TRS sent collection letters to the Whites on Oct. 31, 2010, and Nov. 2, 2010, in attempts to collect an alleged debt, according to the suit.

The Whites claimed the defendants violated the West Virginia Consumer Credit and Protection Act by attempting to collect a second illegal payment from their bank account and then attempting to collect debt from them through collection service companies.

The defendants’ conduct caused the Whites harassment, oppression, abuse, aggravation, annoyance and inconvenience, according to the suit.

The Whites were seeking compensatory and punitive damages. They were being represented by Anthony J. Majestro and James S. Nelson of Powell Majestro PLLC.

Telecheck and TRS were represented by Debra Lee Hovatter of Spilman Thomas & Battle PLLC.

The case was assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-1854

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