West Virginia Record

Thursday, April 9, 2020

Comenity Bank accused of violating consumer protection law

By Joel Brakken | Dec 27, 2013


WINFIELD - A man is suing a debt collection company for allegedly failing to cease phone calls after he filed a civil action.

Ricky Henderson filed a lawsuit Dec. 13 in the Putnam County Circuit Court against Comenity Bank, citing violations of the state Consumer Credit and Protection Act, negligence, intentional infliction of emotional distress and invasion of privacy.

The complaint states the defendant is in the business of debt collection and was attempting to collect a debt from Henderson. According to the complaint, the defendant began engaging in collection attempts through phone calls and written communication to Henderson both before and after Henderson had retained counsel.

Henderson says on July 5, he filed a civil action against the defendant for all communications made prior to July 5. He says after the action was served, the defendant continued to cause approximately 100 telephone calls to be placed.

Henderson is seeking a judgement for an undisclosed amount of damages. He is being represented in the case by attorneys Benjamin Sheridan and Mitchell Lee Klein of Klein and Sheridan LC.

Putnam County Circuit Court Civil Action No. 13-C-411

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