Capital One accused of using improper methods to collect a debt

By Whitney Brakken | Jan 9, 2014

WINFIELD -- Capital One is being sued by a West Virginia resident after allegedly engaging in improper debt collection methods.

Cumberland Adkins filed a lawsuit Dec. 20 in Putnam Circuit Court against Capital One Bank NA, citing violations of the West Virginia Consumer Credit and Protection Act, common law negligence, intentional infliction of emotional distress and common law invasion of privacy.

The complaint says Adkins was contacted by Capital One to collect an outstanding debt. The defendant continued to contact Adkins after they were notified the plaintiff retained counsel, according to the complaint. The plaintiff states the defendant engaged in numerous statutory violations, including using abusive conduct in attempt to collect a debt, causing the plaintiff's phone to ring repeatedly, using unfair means to collect a debt and failing to disclose the name of the entity making a demand for payment.

Adkins is seeking actual damages, statutory damages, costs, fees, general damages and punitive damages. The plaintiff is being represented by Benjamin Sheridan and Mitchell Lee Klein of Klein & Sheridan LC.

Putnam Circuit Court Civil Action No. 13-C-420.


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