CLARKSBURG – A Terra Alta man is suing Pioneer Credit Recovery, Inc., for allegedly attempting to collect an alleged debt from him after he was being represented by counsel.
On July 11, Robert McGregor, through counsel, sent written correspondence to the defendant via U.S. mail, advising the defendant that he was being represented by counsel in regard to an alleged debt, according to a complaint filed Dec. 18 in the United States District Court for the Northern District of West Virginia, Clarksburg Division.
McGregor claims on July 17, his counsel also sent additional written correspondence via facsimile transmission, also advising that he was being represented by counsel.
Despite having received notice of representation, the defendant caused two pieces of written correspondence regarding the alleged debt to be mailed to McGregor, communicating directly to him and not his counsel, according to the suit.
McGregor claims the defendant violated the Fair Debt Collection Practices Act and the West Virginia Consumer Credit and Protection Act.
Pioneer Credit Recovery violated the FDCPA and the WVCCPA by communicating with McGregor after it had been advised he was being represented by counsel and by acting in an otherwise deceptive, unfair and unconscionable manner and failing to comply with the FDCPA and the WVCCPA, according to the suit.
McGregor is seeking statutory damages of $1,000 for each violation of the FDCPA and the WVCCPA. He is being represented by David B. Levin.
The case has been assigned to U.S. District Judge Irene M. Keeley.
United States District Court for the Northern District of West Virginia, Clarksburg Division case number: 1:12-cv-180