Richard Davis and Deborah Davis became in arrears upon the alleged indebtedness to the defendant upon their account with Capital One Bank and the defendant began to engage in collection of the indebtedness, according to a complaint filed Feb. 16, 2016, in Cabell Circuit Court and amended on Dec. 29. The lawsuit was removed to federal court on Feb. 27.
The Davises claim they retained counsel to represent their interest in connection with the indebtedness and mailed a letter to Capital One advising them they had retained an attorney and provided their attorney’s contact information.
The defendant continued to cause telephone calls to be placed to the plaintiffs and maintained records of each call placed to the plaintiffs by date, time called, duration of call, the identity of the defendant’s employee and notes or codes placed upon the record by the employee, according to the suit.
The Davises claim the defendant violated the West Virginia Consumer Credit and Protection Act by engaging in unreasonable or oppressive or abusive conduct toward them.
Capital One caused the Davises phone to ring or engaged them in telephone conversations repeatedly or continuously or at unusual times or at times known to be inconvenient, with the intent to annoy, abuse or oppress the plaintiffs, according to the suit.
The Davises claim the defendant’s actions have caused them to be annoyed, inconvenienced, harassed, bothers, upset, angered, harangued and otherwise was caused indignation an distress.
Capital One also violated the West Virginia Computer Crimes and Abuse Act, according to the suit.
The Davises are seeking compensatory and punitive damages. They are being represented by Benjamin Sheridan and Mitchell Lee Klein of Klein & Sheridan.
Capital One is represented by Reid S. Manley of Burr & Forman.
U.S. District Court for the Southern District of West Virginia case number: 3:17-cv-01404