West Virginia Record

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Man files collection class action against Huntington law firm

By Kyla Asbury | Aug 24, 2016

HUNTINGTON – A man has filed a class action lawsuit against the Huntington law firm of Bailes, Craig & Yon for violations of the federal Fair Debt Collections Practices Act.

Dwayne C. Edwards became in arrears upon an alleged indebtedness to Cabell Huntington Hospital and the defendant engaged in collection of the indebtedness through the use of telephone calls, by written communications and by otherwise communicating with him to collect the alleged debt, according to a complaint filed in the U.S. District Court for the Southern District of West Virginia.

Edwards claims BCY mailed him an initial communication letter that only provided him 14 days to dispute the alleged debt and failed to send him a 30-day validation notice within five days of its initial communication with him.

BCY’s letter constituted a collection ploy, using the threat of a legal action as a blunt force weapon to coerce Edwards’ payment of the alleged debt, according to the suit.

Edwards claims in addition to only allowing him 14 days to dispute the validity of the debt, BCY demanded written notice of any dispute regarding the validity of the debt.

BCY threatened that Edwards would be responsible not only for the full amount of the debt, but also for additional costs and the defendant failed to inform Edwards in writing that it would obtain verification of the debt and provide it to the plaintiff if he so requested in writing, according to the suit.

Edwards claims BCY violated the West Virginia Consumer Credit and Protection Act and the Fair Debt Collection Practices Act.

Edwards is seeking actual damages. He is being represented by Jed R. Nolan, Christopher B. Frost, Ralph C. Young and Steven R. Broadwater Jr. of Hamilton, Burgess, Young & Pollard PLLC.

U.S. District Court for the Southern District of West Virginia case number: 3:16-cv-06671

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Organizations in this Story

Bailes, Craig & Yon, PLLC Hamilton, Burgess, Young & Pollard, PLLC

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