BLUEFIELD — Two consumers are suing Comenity Bank, a debt collector, citing alleged intentional infliction of emotional distress and violation of telephone harassment statutes.
John and Michelle Gue filed a complaint on Aug. 29 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 and the Telephone Consumer Protection Act.
According to the complaint, the plaintiffs allege that after they became in arrears upon an alleged debt to defendant, they began to receive collection notices through written communications and telephone calls. Thereafter, they alleged, they asked the defendant to stop communicating with them and gave notice that they had retained an attorney to represent them. The plaintiffs holds Comenity Bank responsible because the defendant allegedly engaged in oppressive, or abusive collection practices, continued calling them after they had asked it to stop calling them and failed to name the business entity making demand for payment.
The plaintiffs request a trial by jury and seek compensation for $500 for each violation of TCPA, $1,500 for each willful violation, attorney's fees, costs and such other relief as the court deems just. They are represented by Benjamin M. Sheridan, Daniel K. Armstrong and Michelle Lee Klein of Klein & Sheridan LC in Hurricane.
U.S. District Court for the Southern District of West Virginia Case number 3:16-cv-08316