Jane B. Doe, as she is named in the complaint, filed the lawsuit June 28 in Raleigh Circuit Court against Lloyd & McDaniel PLC and attorneys Megan Urban, Scott Stinnett and Mark McGee. All three attorneys are licensed to work in West Virginia, and McGee resides in Charleston.
Doe’s name and address are not included in the filing. The complaint says she and other potential class members were sued by the defendants acting as an attorney for an alleged creditor.
“As attorneys for creditors, defendants have access to private confidential information of West Virginia consumers, such as full name, social security number, date of birth, current address and the consumers’ bank and bank account number,” the complaint states. “In the court of obtaining judgment against plaintiff, obtaining an abstract of judgment and recording the same with the county court’s clerk, defendants disclosed to the public plaintiff’s (confidential information).”
Doe says the defendants, which bills itself as “The Creditors Law Firm,” had no “legitimate reason” to disclose the information. She says the firm touts its policies online, yet throw this information like “rice at a wedding.”
“Defendants have a pattern and practice of disclosing personal financial information of consumers,” the complaint continues. “Defendants understand the risk of identity theft created by the disclosure of confidential information.
The plaintiff alleges public disclosure of private facts, negligence, invasion of privacy and violations of the West Virginia Consumer Credit Protection Act. She also claims emotional distress.
She also seeks a temporary restraining order and injunction against the defendants to have them identify all court filings against West Virginia consumers in any West Virginia court in which such information was disclosed and to notify those consumers. She also wants the defendants to have the information redacted from court filings and to have any judgments removed and expunged from the public record.
Doe seeks compensatory damages, pre- and post-judgment interest, court costs and attorney fees as well as punitive damages.
She is being represented by attorneys Ralph C. Young, Christopher B. Frost, Steven R. Broadwater Jr. and Jed R. Nolan of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville. The case has been assigned to Circuit Judge H.L. Kirkpatrick III.
Raleigh Circuit Court case number: 16-C-417