Woman claims debt collection attempt violated law

By Philip Gonzales | Jul 20, 2016

HUNTINGTON — A consumer is suing Laboratory Corporation of America (LabCorp), citing alleged violation of telephone harassment statutes.

Amy R. Fletcher filed a complaint on June 3 in Cabell Circuit Court against the defendant, alleging that it violated the West Virginia Consumer Credit and Protection Act.

According to the complaint, the plaintiff alleges that on Oct. 2, she sent a written notice to the defendant regarding an alleged indebtedness, directing the defendant not to communicate with her but instead to contact her attorney, but instead of complying, the defendant continued to contact the plaintiff and caused her to be annoyed, inconvenienced, harassed, bothered, upset and angered. The plaintiff holds the defendant responsible because it allegedly engaged in unreasonable or oppressive or abusive conduct in connection with its attempts to collect a debt and used unfair and unconscionable means to collect a debt.

The plaintiff requests a trial by jury and seeks judgment against the defendant for actual damages, statutory damages, attorney fees, litigation costs and such other relief as the court shall deem to be proper. She is represented by Rodney A. Smith and Todd S. Bailess of Bailess Smith PLLC in Charleston.

Cabell Circuit Court Case number 16-C-378

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