BECKLEY – A man is suing a Putnam County law firm after he claims it violated the West Virginia Consumer Credit and Protection Act.
Brandon Boggess became in arrears upon an alleged indebtedness to Atkins & Ogle Law Offices, and the law office began to engage in collection of the indebtedness through the use of telephone calls and written communication, according to a complaint filed June 10 in Raleigh Circuit Court.
Boggess claims the defendant engaged in repeated violations of the West Virginia Consumer Credit and Protection Act.
The defendant attempted to collect a debt by coercion and engaged in unreasonable or oppressive or abusive conduct toward Boggess in connection with the attempt to collect the debt, according to the suit.
Boggess claims the defendant, with the intention to harass, used an "electronic communication device" to make contact with him after being requested by the plaintiff to desist from contacting the plaintiff in violation of West Virginia code.
The defendant also violated the West Virginia Computer Crime and Abuse Act, according to the suit.
Boggess claims she was injured as a result of the defendant's violations of act.
The defendant violated Boggess' right to privacy and caused Boggess to be annoyed, inconvenienced, harassed, bothered, upset, angered, harangued and otherwise caused indignation and distress, according to the suit.
Boggess is seeking compensatory and punitive damages. He is being represented by Ralph C. Young, Christopher B. Frost, Steven R. Broadwater Jr. and Jed R. Nolan of Hamilton, Burgess, Young & Pollard PLLC.
Raleigh Circuit Court case number: 15-C-605