Woman says Windham Professionals violated W.Va. code

By Kyla Asbury | Mar 5, 2013

CHARLESTON – A woman is suing Windham Professionals, Inc., after she claims it attempted to collect debt from her in violation of West Virginia code.

Between August and December 2008, the defendant began contacting or attempting to contact Heather Allen in attempts to collect an alleged debt, according to a complaint filed Feb. 22 in Kanawha Circuit Court.

And Allen claims between January and October 2009 and later, the defendant made several contacts or attempts to contact her in attempts to collect the alleged debt.

During these telephone calls and prior to December 2008, the defendant was told to stop contacting Allen, but it did not stop contacting or attempting to contact her, according to the suit.

Allen claims she told the defendant she was being represented by counsel, gave Windham her attorney’s name and contact information and told Windham to only contact her attorney.

Despite Allen’s information, Windham did not stop contacting her, according to the suit.

Allen claims during the attempts to contact her, Windham, while not a licensed attorney in West Virginia, committed the unlicensed practice of law and the unlawful practice of law by a debt collector, which is in violation of the West Virginia Consumer Credit and Protection Act.

The defendant’s statements that the alleged debt could not be discharged in bankruptcy constitute fraudulent, deceptive and misleading representations in the collection of an alleged debt used as a means to threaten or coerce Allen into paying, in violation of West Virginia code, according to the suit.

Allen claims the defendant’s conduct constitutes as harassment, oppression, abuse aggravation, annoyance and inconvenience of which the defendant knew or reasonably should have known would be the natural consequences of its conduct.

The defendant’s actions were willful, wanton, reckless and/or otherwise sufficiently reprehensible, according to the suit.

Allen is seeking compensatory and punitive damages with interest. She is being represented by Anthony J. Majestro and J.C. Powell of Powell & Majestro, PLLC.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 13-C-378

More News

The Record Network