Man says Capital One Bank illegally called him 44 times

By Kyla Asbury | Mar 27, 2013

CHARLESTON - A man is suing Capital One Bank after he claims it violated the West Virginia Consumer Credit and Protection Act.

Jerry W. Sansom was indebted to the defendant and hired a lawyer to represent him regarding the debts, according to a complaint filed March 19 in Kanawha Circuit Court.

Sansom claims after hiring counsel, he informed one or more of the defendant's employees or agents that he was represented by an attorney and provided them with his attorney's contact information.

Nevertheless, the defendant called Sansom at least 44 times, despite the fact that he had advised the defendant of his representation by counsel, according to the suit.

Sansom claims the defendant violated the West Virginia Consumer Credit and Protection Act by attempting to collect a debt when the defendant was aware that he was being represented by counsel.

The defendant engaged in repeated violation of the WVCCPA and Capital's negligence caused Sansom to be annoyed, inconvenienced, harassed and upset, according to the suit.

Sansom claims the defendant's conduct was atrocious, intolerable and extreme so as to exceed to bounds of decency.

The defendant's conduct was designed to inflict emotional distress, according to the suit.

Sansom is seeking compensatory and punitive damages. He is being represented by Robin L. Godfrey.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 13-C-530

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