LOGAN — A Logan County couple is suing Capital One Bank, alleging intentional infliction of emotional distress.
Ricky E. Hall and Kimberly A. Hall filed a lawsuit Sept. 12 in Logan Circuit Court against Capital One Bank (USA) NA, alleging violation of the West Virginia Consumer Credit and Protection Act.
According to the complaint, when Kimberly Hall defaulted in payment on her credit card obligations, the Halls began receiving collection calls from Capital One. The suit says the defendant's conduct caused the plaintiffs to be emotionally distressed, annoyed, abused and inconvenienced.
The plaintiffs allege Capital One made at least 104 calls after receiving the plaintiffs' advise that the Halls are represented by a lawyer. The suit says the defendants engaged in oppressive or abusive collection practices and caused the plaintiffs' phone to ring repeatedly.
The Halls seek trial by jury, compensation for all damages, costs of litigation, attorney fees and all other relief the court deems appropriate. They are represented by attorneys Brian R. Blickenstaff of Turner & Johns PLLC in Charleston, and by Robin L. Godfrey of Charleston.
Logan Circuit Court Case number 16-c-187