WHEELING – A woman is suing Portfolio Recovery Associates after she claims it violated the West Virginia Consumer Credit and Protection Act.
Kathryn Eakin became in arrears upon an alleged indebtedness to the defendant and the defendant began to engage in collection of the indebtedness through the use of telephone calls and written communications placed to Eakin, according to a complaint originally filed in Randolph Circuit Court and remove to federal court.
Eakin claims on Feb. 9, 2010, she advised the defendant that she was represented by counsel in connection with the debt and the notice included the name, address, telephone number and confirmation that she was represented in connection with the debt.
More than 72 hours after receiving written notice of Eakin’s representation and Portfolio continued to cause telephone calls to be placed to Eakin regarding the debt, according to the suit.
Eakin claims the defendant has continued to attempt to contact her instead of through counsel at least 177 times by telephone and eight times by letter.
The defendant has violated the West Virginia Consumer Credit and Protection Act, according to the suit.
Eakin claims the defendant’s conduct was also atrocious, intolerable and extreme as to exceed the bounds of decency.
The defendant invaded Eakin’s privacy and violated West Virginia code, according to the suit.
Eakin is seeking compensatory damages. She is being represented by Phillip Isner and David C. Fuellhart of Isner Law Office.
Portfolio is represented by Stephen L. Thompson of Barth & Thompson.
The case is assigned to District Judge John Preston Bailey.
U.S. District Court for the Northern District of West Virginia case number: 2:16-cv-00086