Virgie Graham became in arrears upon an alleged indebtedness to the defendant and the defendant began to engage in collection of such indebtedness through the use of telephone calls placed to Graham and by written communication to collect the debt, according to a complaint filed in Raleigh Circuit Court and removed to federal court.
Graham claims the defendant violated the West Virginia Consumer Credit and Protection Act by attempting to collect a debt by coercion.
The defendants engaged in unreasonable or oppressive or abusive conduct toward Graham in connection with the alleged debt, according to the suit.
Graham claims the defendant caused his telephone to ring repeatedly or continuously or at unusual times or at times known to be inconvenient.
As a result of the defendant’s actions, Graham has been annoyed, inconvenienced, harassed, bothered, upset, angered, harangued and otherwise was caused indignation and distress.
Graham claims the defendant violated the West Virginia Computer Crime and Abuse Act and the Telephone Harassment Statute.
Graham is seeking compensatory and punitive damages. He is being represented by Ralph C. Young, Christopher B. Frost, Steven R. Broadwater Jr. and Jed R. Nolan of Hamilton, Burgess, Young & Pollard PLLC.
Auto is represented by Bruce M. Jacobs, Nicholas P. Mooney II and Angela L. Beblo of Spilman Thomas & Battle.
U.S. District Court for the Southern District of West Virginia case number: 5:16-cv-03023