Woman says Capital One Bank violated consumer protection act

WINFIELD - A woman is suing Capital One Bank after she claims it violated the West Virginia Consumer Credit and Protection Act.

Capital One Bank is doing business as Capital One Auto Finance.

Deana Bragg owed an alleged debt to the defendant and the defendant began to engage in collection of the alleged debt through telephone calls and written communications with Bragg, according to a complaint filed March 11 in Putnam Circuit Court.

Bragg claims she retained counsel to represent her in interest in connection with consumer indebtedness and informed the defendant of her counsel's contact information.

Despite being informed of Bragg being represented by counsel, the defendant continued to attempt to collect the debt and violated the West Virginia Consumer Credit and Protection Act, according to the suit.

Bragg claims the defendant engaged in unreasonable or oppressive or abusive conduct toward her in connection with the attempt to collect a debt by placing telephone calls to her in violation of West Virginia code.

The defendant's conduct was atrocious, intolerable and extreme so as to exceed the bounds of decency, according to the suit.

Bragg claims the defendant adopted policies and procedures without regard to West Virginia law, which caused her emotional distress.

As a result of the defendant's actions, Bragg was annoyed, inconvenienced, harassed, bothered, upset, angered, harangued and otherwise was caused indignation and distress, according to the suit.

Bragg is seeking compensatory and punitive damages. She is being represented by Benjamin Sheridan of Klein and Sheridan LC.

Putnam Circuit Court case number: 13-C-70