Toyota sued for allegedly violating West Virginia code over debt collection

CHARLESTON – A Kanawha County woman is suing Toyota Motor Credit Corporation for continuing to attempt to contact her after she informed them she was being represented by counsel.

MRS BPO, LLC, was also named as a defendant in the suit.

In December 2011, the defendants were notified on multiple occasions that Anne M. Peyton was being represented by counsel regarding alleged debt, according to a complaint filed Oct. 29 in Kanawha Circuit Court.

Peyton claims the defendants were also notified that the alleged debt was the result of an unconscionable transaction and that she was contesting the alleged debt.

The defendants have contacted or attempted to contact Peyton directly in excess of three times subsequent to the notifications in an attempt to collect an alleged debt in the amount of $5,001.34, according to the suit.

Peyton claims the defendants violated West Virginia Code by communicating or attempting to communicate directly with her when they knew or should have known that she was being represented by counsel.

The defendant knew or reasonably should have known that Peyton did not owe the alleged debt and any attempt to collect the debt with this knowledge was an unfair and unconscionable manner to attempt to collect the debt pursuant to West Virginia Code, according to the suit.

Peyton claims she did not owe the alleged debt to the defendants.

Toyota and MRS BPO’s actions were willful, wanton or reckless and in total disregard for Peyton’s civil rights, according to the suit.

Peyton is seeking compensatory and punitive damages. She is being represented by Thomas H. Peyton.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 12-C-2167