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WEST VIRGINIA RECORD

Friday, April 19, 2024

Consumer accuses debt collector of phone harassment

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BLUEFIELD — A West Virginia man is suing a debt collector, alleging violation of telephone harassment statutes.

Robert Allen filed a complaint Feb. 4 in U.S. District Court for the Southern District of West Virginia against Landmark Financial Services of West Virginia Inc. alleging that violation of the West Virginia Consumer Credit and Protection Act.

According to the complaint, after Allen became in arrears on an alleged debt, he began to receive collection calls and letters from Landmark Financial for such indebtedness. As a result of the defendant's unlawful acts, the suit says, Allen has been annoyed, inconvenienced and harassed. 

The plaintiff alleges Landmark Financial unlawfully engaged in oppressive and abusive collection practices by continuing to make collection calls even after Allen's request to stop calling him and after being informed that Allen is being represented by a lawyer for such debt.

Allen seeks trial by jury, actual, punitive, general and statutory damages, damages of $500 per call and $1,500 per call for violations of the Telephone Consumer Protection Act, costs of litigation and all other just and proper relief. He is represented by attorneys Benjamin M. Sheridan, Daniel K. Armstrong and Mitchell Lee Klein of Klein & Sheridan LC in Hurricane.

U.S. District Court for the Southern District of West Virginia Case number 2:17-cv-01185

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