CHARLESTON — A West Virginia man is suing a bank and debt collector, alleging violation of telephone harassment statutes.
Nicholas Huffman filed a lawsuit Sept. 7 in U.S. District Court for the Southern District of West Virginia Charleston Division against Branch Banking & Trust Company, alleging violation of the West Virginia Computer Crimes and Abuse Act and the Telephone Consumer Protection Act.
According to the complaint, when Huffman became in arrears on an alleged debt to the defendant, he began receiving telephone calls and written communications from BB&T, attempting to collect the alleged debt, causing him to be annoyed, inconvenienced, harassed and abused.
The plaintiff alleges BB&T made non-emergency calls to him multiple times per day using an electronic communications device and and an artificial or pre-recorded voice. Calls were made even after Huffman withdrew his consent to contact him, the suit says.
Huffman seeks trial by jury, compensation of $500 for each violation of TCPA and $1,000 for each willful violation, enjoining the defendant from calling him, costs of litigation and all other relief the court deems just and proper. He 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-08637