BLUEFIELD - The estate of a woman that was allegedly harassed by a collection agency has filed a lawsuit.
Patricia Johnson, individually and in her capacity as Executrix of the Estate of Kathleen Jackson, filed a lawsuit Oct. 22 in the Circuit Court of Mercer County against West Virginia Radiation Therapy Services Inc. and Phillips & Cohen Associates, citing violations of the West Virginia Consumer Credit and Protection Act, violation of the West Virginia Computer Crime and Abuse Act, violation of the Telephone Harassment Statute, intentional infliction of emotional distress and invasion of privacy.
According to the complaint, West Virginia Radiation Therapy Services, through its collection agent, Phillips & Cohen, made Johnson aware of an outstanding claim against the estate on July 16.
Johnson says she promptly paid the claim out of the estate with a check in the amount of $1,438.67 on July 20.
She claims that following payment, Phillips & Cohen continued to attempt to collect a debt from the plaintiff on behalf of WVRTS. Johnson says that Phillips & Cohen sent her 16 copies of the same letter on Aug. 6 and 16 additional copies on Sept. 6, each time seeking to collect a debt from Johnson.
Johnson is seeking actual damages for annoyance, aggravation, distress, bother and anxiety as result of the West Virginia code violations.
She is also seeking statutory damages in the maximum amount for the violations, compensatory damages, punitive damages, and costs of litigation.
She is being represented in the case by attorneys Ralph C. Young, Christopher B. Frost, Steven R. Broadwater, Jr. and Jed Nolan of Hamilton, Burgess, Young & Pollard PLLC.
Circuit Court of Mercer County Civil Action No. 13-C-428