WINFIELD — A West Virginia consumer is suing Capital One Bank, alleging unfair and unconscionable collection practices.

Marcie Biggs filed a lawsuit Sept. 9 in Putnam Circuit Court against Capital One Bank (USA), National Association, alleging violation of the West Virginia Consumer Credit Protection Act.

According to the complaint, Capital One's unlawful collection practices has caused Biggs to be annoyed, inconvenienced, harassed, bothered, angered and otherwise caused indignation and emotional distress. The plaintiff alleges Capital One engaged in unreasonable and/or abusive conduct in attempting to collect an alleged debt and continuing to make collection calls even after being advised to cease calling her.

Biggs seeks trial by jury, compensation for all damages, attorney fees and costs of litigation, plus all other relief the court deems just and proper. She is represented by attorneys Benjamin Sheridan, Michael D. Armstrong and Mitchell Lee Klein of Klein & Sheridan LC in Hurricane.

Putnam Circuit Court Case number 16-c-214

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