CHARLESTON - A Jackson County woman is suing CACH LLC after she claims it violated the West Virginia Consumer Credit Protection Act.
SquareTwo Financial Corporation is doing business as CACH LLC.
Brenda G. Harrison's late husband visited a Cabela's store in northern West Virginia and while he was there, he was convinced to apply for a Cabela-affiliated VISA card, according to a complaint filed July 22 in the U.S. District Court for the Southern District of West Virginia.
Harrison claims after a period of time, her late husband informed Cabela's that he wanted to add Harrison as an authorized user of his VISA card.
Cabela's wrongly, and in a discriminatory fashion, added and/or required Harrison's late husband to add Harrison to the account as an additional obligor because of her status as his wife, instead of a simple authorized user as he wanted, according to the suit.
Harrison claims Cabela's was promptly informed of her late husband's death in early 2012 and, although it was properly notified of the claim filing deadline, Cabela's failed or refused to timely file a claim in Harrison's probate estate.
Instead, Cabela's began hounding Harrison, falsely claiming she was personally liable as a co-borrower on the account, according.
Harrison claims on May 27, CACH filed a suit against her in Putnam Circuit Court and alleged she was a holder of the account and was liable for the amount of $3,665.14.
The plaintiff does not owe her deceased husband's account, nor is she lawfully chargeable for his account as a co-signer, according to the suit.
Harrison claims as a result, she was emotionally overwrought, tearful, distressed, unable to sleep, anxious and brutally depressed since she was served the complaint.
The defendant violated the WVCCPA and the Fair Debt Collection Practices Act, according to the suit.
Harrison is seeking actual damages and civil penalties in the amount of $4,800 against SquareTwo and $4,800 against CACH. She is being represented by Gary M. Smith of Mountain State Justice.
U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-11425