AG files suit against Florida-based debt collectors

CHARLESTON - The office of state Attorney General Darrell McGraw Jr. is claiming a Florida-based company has violated several facets of the West Virginia Consumer Credit and Protection Act.

The office filed a lawsuit April 25 in Kanawha Circuit Court against Check Game Solutions, Inc., and Catherine Key, individually and as president of Check Game Solutions.

Of the eight charges of violating the WVCCPA, included is Check Game Solutions' threat to report debts to "the State's Attorney's Office," which Deputy Attorney General Christopher Hedges writes in the complaint is "fictitious."

"The defendants' letters to consumers threatened to refer the alleged debts as a crime to 'the State Attorney's Office.

"'The State Attorney's Office' is a fictitious name fabricated by the Defendants. No entity by that name exists in the state of West Virginia, or in any other state with any potential or authority over such a debt."

The trouble began with magazine subscriptions sold door-to-door by Universal Subscription Agency of Las Vegas. Some consumers in West Virginia who bought subscriptions, the complaint says, immediately regretted the decision and called Universal to cancel.

When Universal would not cancel, those consumers contacted their banks to stop payment on the check. Check Game Solution was brought in by Universal to collect debts in the amount of the cancelled checks.

Hedges adds that fees or charges that were illegally added, unfair or deceptive acts were committed and Check Games Solutions never paid a surety bond to obtain a collection agency license in West Virginia.

A press release states McGraw attempted to settle the dispute informally, but Check Games Solutions refused.

McGraw is seeking $5,000 for each violation of the WVCCPA, a refund of all money and the termination of any subscription obligations. Judge Tod Kaufman has been assigned the case.

Kanawha Circuit Court case number 06-C-755