CHARLESTON – Two consumers allege that they have been harassed by debt collectors who should have known that they were representing by counsel.
Mark and Shawnda Miller filed a complaint on June 27 in the U.S. District Court for the Southern District of West Virginia against Midland Credit Management Inc., Portfolio Recovery Associates LLC and Atlantic Credit and Finance Inc. alleging violations of the West Virginia Consumer Credit and Protection Act and the West Virginia Computer Crime and Abuse Act.
According to the complaint, the defendants contacted the plaintiffs to collect alleged debts they purchased from Citibank and Synchrony Bank. The plaintiffs allege that on Jan. 29, 2016, they contacted Citibank and Synchrony Bank informing them that they were represented by counsel and revoked their consent to be contacted by phone.
The plaintiffs holds Midland Credit Management Inc., Portfolio Recovery Associates LLC and Atlantic Credit and Finance Inc. responsible because the defendants allegedly placed telephone calls to the plaintiffs' residential telephone number after it appeared that they had retained an attorney and after they requested to stop calling them.
The plaintiffs request a trial by jury and seek actual, punitive and statutory damages, litigation expenses and such other just and proper relief. They are represented by Benjamin M. Sheridan of Klein & Sheridan LC in Hurricane.
U.S. District Court for the Southern District of West Virginia case number 3:17-cv-03429