BLUEFIELD — A couple is suing Comenity Bank, a debt collector, citing alleged intentional infliction of emotional distress and violation of telephone harassment statutes.
John and Trina Walker filed a complaint on Aug. 26 in the U.S. District Court for the Southern District of West Virginia against Comenity Bank, alleging that the debt collector violated the West Virginia Consumer Credit and Protection Act.
According to the complaint, the plaintiffs allege that as a result of the defendant's actions, they have been annoyed, inconvenienced, bothered, upset and harassed and wer caused indignation and distress. The plaintiffs hold Comenity Bank responsible because the defendant allegedly continued to make telephone calls to their home telephone number even after their request to stop calling them and engaged in oppressive and abusive conduct in attempting to collect a debt.
The plaintiffs request a trial by jury and seek compensation for actual and statutory damages, attorney's fees, costs of litigation, $500 for each violation of TCPA, $1,500 for each willful violation and such other relief as the court shall deem just and proper. They are represented by Benjamin M. Sheridan, Daniel K. Armstrong and Mitchell Lee Klein of Klein & Sheridan LC in Hurricane.
U.S. District Court for the Southern District of West Virginia Case number 2:16-cv-08286