R.R. Fredeking II and Debbie Fredeking entered into a credit card agreement with Chase and for at least 15 years, they have used the credit card, according to a complaint originally filed in Cabell Circuit Court and later removed to federal court.
The Fredekings claim on April 13, they rented a 24-foot Twin Hall board from Rainbow Rental in Marsh Harbor, Abaco, Bahamas and the rental agreement was for three days and the charge was to be $725.63. The plaintiffs paid with their credit card.
On April 15, the boat was stolen from the plaintiffs’ dock and, immediately upon discovering the board had been stolen, the Fredekings contacted the police and Rainbow Rental, according to the suit.
The Fredekings claim Rainbow Rental immediately put a $65,000 charge on the credit card that was unauthorized and fraudulent and Rainbow had charged the plaintiffs $2,500 for insurance in case of loss of the boat.
The plaintiffs’ credit limit was exceeded and on April 18, the plaintiffs notified the defendant that the charge was fraudulent and unauthorized.
The Fredekings claim they spoke with the Fraud Department and canceled the credit card and, during this conversation, the defendant indicated that it would not pay the $65,000 charge.
In spite of the assurance that Chase would not pay the charge and that the plaintiffs would not be charged for the fraudulent claim, the defendant immediately paid a reduced sum of $60,931 to Rainbow Rental, according to the suit.
The Fredekings claim they subsequently were issued a new credit card and on June 22, Chase charged the new credit card the sum of $60,931 with a transaction date of April 18.
Chase’s actions constitute unfair or deceptive acts or practices, unlawful debt collection practices and unconscionable conduct under the West Virginia Consumer Protection Act, according to the suit.
R.R. Fredeking is an attorney at Fredeking, Fredeking & Biser in Huntington.
The Fredekings are seeking civil penalties and actual damages. They are being represented by William L. Mundy of Mundy & Associates.
Chase is represented by Bruce M. Jacobs and Angela L. Beblo of Spilman Thomas & Battle PLLC.
U.S. District Court for the Southern District of West Virginia case number: 3:16-cv-12415