West Virginia Record

Friday, January 24, 2020

Putnam Co. woman says bank violated consumer protection act

By Philip Gonzales | Sep 23, 2016

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CHARLESTON — A West Virginia woman is suing a bank, alleging violation of telephone harassment statutes.

Sandra Ross of Scott Depot filed a lawsuit Sept. 7 in U.S. District Court for the Southern District of West Virginia Charleston Division against First National Bank of Omaha alleging violation of the Telephone Consumer Protection Act.

According to the complaint, on Dec. 9, 2015, she mailed a letter to First National Bank of Omaha, withdrawing her consent to be contacted and advising them that she had retained a lawyer. As a result of defendant's unlawful collection practices, the suit says, Ross has been annoyed, inconvenienced, upset and was caused indignation and distress. 

The plaintiff alleges the defendant made calls several times per day using an automated telephone dialing systems and failed to clearly disclose the identity of the business in making a demand for money upon Ross' indebtedness.

Ross seeks trial by jury compensation of $500 for each violation of TCPA and $1,000 for each willful violation, enjoining the defendant from calling her, costs of litigation, and all other relief as the court deems just and proper. She is represented by attorneys Daniel K. Armstrong and Benjamin Sheridan of Klein and Sheridan LC in Hurricane.

U.S. District Court for the Southern District of West Virginia Charleston Division Case number 3:16-cv-08635

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Klein & Sheridan LC