BECKLEY – A couple is suing EGS Financial Care Inc. after they claim it violated the West Virginia Consumer Credit and Protection Act.
EGS was formerly known as NCO Financial Systems Inc.
Clayton L. Miller and Kristal D. Miller became in arrears upon an alleged indebtedness to EGS, the defendant began to engage in collection of such indebtedness through the use of telephone calls placed to the plaintiffs, by written communications and did otherwise communicate with the plaintiffs to collect the alleged debt, according to a complaint originally filed June 11 in Raleigh Circuit Court and removed to federal court on July 22.
The Millers claim the defendant violated the West Virginia Consumer Credit and Protection Act.
The defendant engaged in repeated violations of the WVCCPA by attempting to collect a debt by coercion, in violation of West Virginia code; and by engaging in unreasonable or oppressive or abusive conduct toward the plaintiffs in connection with the attempt to collect a debt by placing telephone calls to the plaintiffs, according to the suit.
The Millers claim the defendant caused the plaintiffs' phone to ring and engaging them in telephone conversations repeatedly or continuously or at unusual times or at times known to be inconvenient, with the intent to annoy, abuse or oppress the plaintiffs.
EGS utilized fraudulent, deceptive or misleading representations or means in an attempt to collect a debt in violation of West Virginia code; and used unfair or unconscionable means to collect a debt from the plaintiffs in violation of West Virginia code, according to the suit.
The Millers claim as a result of the defendant's actions, they have been annoyed, inconvenienced, harassed, bothered, upset, angered, harangued and otherwise were caused indignation and distress.
EGS also violated the West Virginia Computer Crime and Abuse Act, which injured the plaintiffs and caused them to be harassed, according to the suit.
The Millers are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Ralph C. Young, Christopher B. Frost, Steven R. Broadwater Jr. and Jed R. Nolan of Hamilton, Burgess, Young & Pollard PLLC.
The case is assigned to District Judge Irene C. Berger.
U.S. District Court for the Southern District of West Virginia case number: 5:15-cv-11416