HUNTINGTON — Two borrowers are suing Chase Bank USA, N.A., a financial services company, citing alleged violation of the West Virginia Consumer Credit and Protection Act and the West Virginia Computer Crime and Abuse Act, intentional or negligent infliction of emotional distress and invasion of privacy.
George and Deborah Dunkle filed a complaint on April 29 in Cabell Circuit Court against Chase Bank USA, N.A. alleging that the financial services company knowingly violated the law by directly and repeatedly contacting the plaintiffs.
According to the complaint, the plaintiffs secured a loan from the defendant and fell into arrears. The plaintiffs received calls from the defendant collecting debt; for this reason, the plaintiffs appointed a legal counsel to speak to the defendant on their behalf, and notified the defendant of that fact, the suit alleges. However, the plaintiffs continued to directly receive calls and other forms of communication from the defendant, the suit says. The plaintiffs holds Chase Bank USA, N.A. responsible because the defendant allegedly failed to acknowledge the plaintiffs' request to direct the calls to their legal counsel. The defendant repeatedly contacted the plaintiffs even though they were notified of the plaintiffs' preference, the suit says.
The plaintiffs seek actual damages for annoyance, inconvenience, distress, bother, anxiety, and repeated violation of the WVCCPA; statutory damages; cost of litigation including, but not limited to, attorney fees and court costs; general damages; punitive damages; and other relief the court shall deem proper under the circumstances. They are represented by Matthew P. Stapleton of Stapleton Law Offices in Huntington.
Cabell Circuit Court Case number 16-c-299