WHEELING – A couple is suing Macy’s Corporation Services and Department Stores National Bank after they claim it violated the West Virginia Consumer Credit and Protection Act.
In June, Dorothy J. White received a Macy’s Star Rewards Account Statement for the period ending May 27, which stated she had incurred purchase amounts on her Macy’s credit card in the amount of $2,393.62, according to a complaint filed Feb. 22 in Hancock Circuit Court and removed to federal court on March 28.
White claims in order to pay off existing debt and bills, including her Macy’s credit card account, she refinanced her home through Vantage Point Title Inc., who subsequently prepared checks made payable to White’s creditors and gave the prepared checks for delivery to her creditors.
On June 8, White took and delivered the check to Macy’s and the defendants accepted the check and issued her a receipt, according to the suit.
White claims in July, she received a statement for the period ending June 27, evidencing the payment of $2,423.45 was applied to her previous balance of $2,393.62 with interest charged of $17.73, which left her with an overpaid balance of $12.10.
In August, White received a statement ending July 27 that provided a new balance of $54.39 and the balance was subsequently paid off on Aug. 3, bringing her account balance to $0, according to the suit.
White claims in September, she received a statement that placed a “payment correction” on her account and that she owed $2,423.45.
On Sept. 23, White presented to Macy’s seeking assistance to correct the wrongful conduct of the defendants, stating that the amount was previously paid and was not due and owing, according to the suit.
White claims the Asset Protection Manager of Macy’s Beaver Valley store discovered that Macy’s and/or DSNB had incorrectly handled the account for the check.
In October, White called Macy’s when she received another wrong statement and the defendants told her it required the canceled check in order for the improper amounts to be removed from the account and she undertook actions to receive a copy of the canceled check from the refinancing company, according to the suit.
White claims she took the copy of the canceled check to Macy’s and the Asset Protection Manager faxed the information to the defendants.
In November, December and January, White continued to receive statements that she still owed $2,423.45, according to the suit.
White claims the defendants have violated the West Virginia Consumer Credit and Protection Act.
The defendants’ action constitute fraud, constructive fraud and breach of contract, according to the suit. Macy’s and DSNB have been unjustly enriched at White’s expense.
White and her husband, John W. White, are seeking compensatory and punitive damages. They are being represented by David A. Jividen and Chad D. Haught of Jividen Law Office PLLC.
The defendants are represented by Michelle Lee Dougherty of Steptoe & Johnson PLLC.
The case is assigned to District Judge Frederick P. Stamp Jr.
U.S. District Court for the Northern District of West Virginia case number: 5:16-cv-00038