BECKLEY -- Capital One Bank and Ally Financial are being sued by a West Virginia resident after allegedly engaging in improper debt collection methods.
Shelley R. Aicher filed a lawsuit Jan. 10 in Raleigh Circuit Court against Capital One Bank NA and Ally Financial, citing violations of the West Virginia Consumer Credit and Protection Act, violations of the West Virginia Computer Crime and Abuse Act, violation of the Telephone Harassment statute, intentional infliction of emotional distress and common law invasion of privacy.
The complaint says Aicher was contacted by Capital One and Ally 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 and using unfair means to collect a debt.
Aicher is seeking actual damages, statutory damages, costs, fees, general damages and punitive damages. The plaintiff is being represented by Ralph C. Young, Christopher B. Frost, Steven R. Broadwater and Jed R. Nolan of Hamilton, Burgess, Young & Pollard PLLC.
Raleigh Circuit Court Case No. 14-C-19-B