Woman sues Dish Network for consumer credit act violations

WINFIELD - A woman is suing Dish Network LLC for violating the West Virginia Consumer Credit and Protection Act and causing her damages.

Frontier Communications of American Inc. was also named as a defendant in the suit.

Deborah Huffman filed for Chapter 7 bankruptcy protection on Feb. 8, according to a complaint filed May 7 in Putnam Circuit Court.

Huffman claims the defendants are debt collectors and an automatic stay for all debts owed by Huffman began with the filing of her bankruptcy petition on Feb. 8 and the bankruptcy court mailed notice of Huffman's bankruptcy filing to Frontier on Feb. 13.

On March 4 and April 4, Dish began sending bills for satellite service and contract termination to Huffman and thereafter, began to cause a telephone collection call to be placed to Huffman's home, according to the suit.

Huffman claims the defendants have violated the West Virginia Consumer Credit and Protection Act by using unfair or unconscionable means to collect a debt from her in violation of West Virginia code.

The defendants attempted to collect a debt from Huffman that arose prior to the bankruptcy petition in violation of an automatic stay and, as a result of the defendants' actions, Huffman has been annoyed, inconvenienced, harassed, bothered, upset, angered, harangued and otherwise caused indignation and distress, according to the suit.

Huffman claims the defendants' conduct was atrocious, intolerable and extreme, so as to exceed the bounds of decency.

As a result of the defendant's actions, Huffman's privacy was invaded and she was harmed, according to the suit.

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

Putnam Circuit Court case number: 13-C-145