Couple sues Ntelos, others for violations of Consumer Credit and Protection Act

By Kyla Asbury | Mar 1, 2010

CHARLESTON -- A Kanawha County couple is suing Ntelos, Telecheck Services and TRS Recovery Services for violations of the West Virginia Consumer Credit and Protection Act.

In March 2009, Patricia and Harry L. White paid their Ntelos cell phone bill with a check written on their account with Pioneer Federal Credit Union, according to a complaint filed Feb. 9 in Kanawha Circuit Court.

The Whites claim on March 26, 2009, the check to Ntelos was posted on their account and $160 was withdrawn from their account.

On May 9, 2009, the Whites had a check denied at Sam's Club. On May 12, the Whites had a check denied at a One Stop shop and contacted Telecheck again.

The Whites claim they informed Telecheck that they were in possession of their bank statement and that the Ntelos bill showed the check written in March had been paid properly, but Telecheck instructed them to fax the bank statement and Ntelos bill to their research department.

The Whites claim on the same day one of the defendants presented their check a second time without their authorization and posted it to their account, which withdrew another $160. They claim after they discovered it, they disputed the transaction with their bank.

On May 21, the bank returned the check as a duplicate entry and deposited the money bank into the Whites' account, but on May 22, the check was returned to the bank by one of the defendants as "dishonored" and the bank withdrew the $160 again.

The Whites claim after the mishap, they began receiving collection letters from Telecheck and TRS for a "non-sufficient funds" fee they claim they did not owe.

The defendants' actions constitute numerous violations of the provisions of the West Virginia Consumer Credit and Protection Act, according to the suit.

The Whites are seeking compensatory and punitive damages for intention, willful, wanton, oppressive, malicious and/or reckless conduct. They are being represented by Anthony J. Majestro and James S. Nelson of Powell & Majestro.

Kanawha Circuit Court case number: 10-C-245

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