WINFIELD - A couple are suing Chase Bank USA N.A. for violating the West Virginia Consumer Credit and Protection Act by allegedly attempting to collect on an alleged debt after they retained counsel.
Elmo McClure and Barbara McClure became in arrears upon an alleged indebtedness to the defendant and the defendant began engaging in collection of the alleged debt through the use of telephone calls and written communications, according to a complaint filed April 18 in Putnam Circuit Court.
The McClures claim they retained counsel to represent their interest in connection with consumer indebtedness and informed Chase of their representation and provided it with their counsel's contact information.
Chase continued to attempt to communicate with the McClures after being informed of their representation, according to the suit.
The McClures claim Chase violated the West Virginia Consumer Credit and Protection Act by engaging in unreasonable or oppressive or abusive conduct toward them in connection with the attempt to collect a debt.
Chase was negligent in failing to train, supervise, monitor or otherwise control its employees to ensure they did not violated the West Virginia Consumer Credit and Protection Act and in doing so, caused the McClures to be annoyed, inconvenienced, harassed, bothered, upset, harangued and otherwise caused indignation and distress, according to the suit.
The McClures claim Chase's conduct constituted knowingly allowing a phone call under its control to be used to harass them, which violates West Virginia code.
Chase's actions were an invasion of the McClures' privacy and caused them to suffer emotional distress, according to the suit.
The McClures are seeking compensatory and punitive damages. They are being represented by Benjamin Sheridan of Klein & Sheridan LC.
Putnam Circuit Court case number: 13-C-108