Man sues First National Bank of Omaha for invasion of privacy, violations of state code

HUNTINGTON -- A Huntington man is suing the First National Bank of Omaha for negligence, invasion of privacy and violation of the West Virginia Consumer Credit and Protection Act.

Jeremy Bailey had a Visa account with the defendant and claims the bank engaged in repeated violations of the West Virginia Consumer Credit and Protection Act, according to a complaint filed Feb. 5 in Cabell Circuit Court.

Bailey claims the defendant repeatedly called him more than 275 times with the intent to annoy, harass and oppress him in violation of West Virginia code.

More than 75 times the defendant attempted to contact Bailey after he was represented by an attorney and unreasonably publicized disclosed and/or communicated information relating to an alleged indebtedness to various friends, relatives or family members without request of the relative or family member, according to the suit.

Bailey claims he suffered severe and intense emotional distress; annoyance and inconvenience; harassed; oppressed; and suffered financial hardship.

First National Bank of Omaha breached its duty by negligently making numerous telephone calls and contacting Bailey after discovering he was represented by an attorney, according to the suit.

Bailey is seeking injunctive relief to prohibit the defendant from further contact with him, actual damages, statutory damages, adjustment of damages for inflation, to make his finance loan void and punitive damages. He is being represented by Wesley Harrison White.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 10-C-108