Couple accuses Capital One of violating phone harassment laws

By Philip Gonzales | Jan 12, 2017

WINFIELD — A Putnam County couple is suing Capital One, alleging intentional infliction of emotional distress and violation of telephone harassment statutes.

WINFIELD — A Putnam County couple is suing Capital One, alleging intentional infliction of emotional distress and violation of telephone harassment statutes.

Steven and Paula Dempsey filed a complaint Dec. 16 in Putnam Circuit Court against Capital One Bank USA, National Association alleging violation of the West Virginia Consumer Credit and Protection Act.

According to the complaint, when the Dempseys became in arrears on their alleged indebtedness to Capital One, they began receiving collection communications from the defendant. As a result of defendant's unlawful telephone practices, the suit says, they have been annoyed, angered, abused and oppressed. 

The plaintiffs allege the defendant unlawfully engaged in unfair and unconscionable debt collection practices.

The Dempseys seeks a trial by jury, compensation for actual, punitive and statutory damages, costs of litigation and all other proper relief. They are represented by attorneys Benjamin K. Sheridan and Michelle Lee Klein of Klein & Sheridan LC in Hurricane.

Putnam Circuit Court Case number 16-c-300

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