West Virginia Record

Friday, January 24, 2020

Man sues debt collector for consumer credit violations

By Kyla Asbury | Sep 6, 2016

Law money 12

WAYNE – A man is suing Weltman, Weinberg & Reis Co. after he claims it violated the West Virginia Consumer Credit and Protection Act.

After Gerald Curry became in arrears upon the alleged indebtedness to the defendant upon his account and the defendant began to engage in collection of such indebtedness through the use of telephone calls placed to Curry and by written communications, according to a complaint filed in Wayne Circuit Court.

Curry claims he retained counsel to represent his interest in connection with consumer indebtedness and had a letter sent to the defendant in January 2015, informing the defendant of counsel’s representation and asking that any further calls be directed to counsel’s office.

The defendant caused a telephone call to be placed to Curry’s home after that and he informed the defendant’s employee that he was represented by an attorney and gave the employee his attorney’s name and telephone number, according to the suit.

Curry claims the defendant continued to cause telephone calls to be placed to his home.

The defendant violated the WVCCPA by engaging in unreasonable or oppressive or abusive conduct toward Curry in connection with the attempt to collect a debt by placing telephone calls to Curry in violation of West Virginia code, according to the suit.

Curry claims the defendant was negligent and its conduct was atrocious, intolerable and extreme so as to exceed the bounds of decency.

Curry is seeking actual damages and punitive damages. He is being represented by Benjamin Sheridan and Daniel K. Armstrong of Klein, Sheridan & Glazer LC.

The case is assigned to Circuit Judge James H. Young Jr.

Wayne Circuit Court case number: 16-C-113

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Organizations in this Story

Wayne Circuit CourtKlein & Sheridan LC