Couple accuses Ntelos of violating consumer protection act

By Kyla Asbury | Nov 9, 2011

CHARLESTON -- A couple is suing Ntelos, Inc., for violations of the West Virginia Consumer Credit and Protection Act.

Telecheck Services and TRS Recovery Services were also named as defendants in the suit.

On Sept. 18, 2010, Patricia White and Harry L. White purchased a cell phone and other items with two checks in the amounts of $10.59 and $132.49, according to a complaint filed Oct. 17 in Kanawha Circuit Court.

The Whites claim on Sept. 21, 2010, both checks were posted to their account and the amounts were withdrawn from the account.

On Sept. 23, 2010, Ntelos presented both checks to the Whites' bank for payment a second time and withdrew $10.59 and $132.49 from the bank account, illegally and without the Whites' authorization, according to the suit.

The Whites claim they disputed the second debit from their bank account with the bank and on Oct. 20, 2010, the bank returned to money to their account.

Telecheck and TRS sent collection letters to the Whites on Oct. 31, 2010, and Nov. 2, 2010, in attempts to collect an alleged debt, according to the suit.

The Whites claim the defendants violated the West Virginia Consumer Credit and Protection Act by attempting to collect a second illegal payment from their bank account and then attempting to collect debt from them through collection service companies.

The defendants' conduct caused the Whites harassment, oppression, abuse, aggravation, annoyance and inconvenience, according to the suit.

The Whites are seeking compensatory and punitive damages. They are being represented by Anthony J. Majestro and James S. Nelson.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-1854

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