BECKLEY -- Ally Financial is being sued by a West Virginia resident after allegedly engaging in improper debt collection methods.
Alice M. Toler filed a lawsuit Dec. 23 in Raleigh Circuit Court against Ally Financial Inc., citing violation of the West Virginia Consumer Credit and Protection Act, violation of the telephone harassment statute, intentional infliction of emotional distress and common law invasion of privacy.
The complaint says Toler was contacted by Ally Financial to collect an outstanding debt. 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 fraudulent meant to collect a debt and using unfair means to collect a debt.
Toler is seeking actual damages, statutory damages, costs, fees and punitive damages. The plaintiff is represented by Ralph C. Young, Christopher B. Frost, Steven R. Broadwater and Jed R. Nolan of Hamilton, Burgess, Young & Pollard PLLC.
Raleigh Circuit Court Civil Action No. 13-C-1064-H