BECKLEY – A man is suing Merrick Bank Corporation after he claims it violated the West Virginia Consumer Credit and Protection Act.
Robert Rutledge became in arrears upon an alleged indebtedness to Merrick and the defendant began to engage in collection of indebtedness through the use of telephone calls placed to the plaintiff, by written communication and did otherwise communicate with the plaintiff to collect the alleged debt, according to a complaint filed May 31 in Raleigh Circuit Court and removed to federal court on July 11.
Rutledge claims the defendant attempted to collect a debt by coercion in violation of West Virginia Code and engaged in unreasonable or oppressive or abusive conduct toward him in connection with the attempt to collect a debt by placing telephone calls to the plaintiff.
The defendants caused the plaintiff’s phone to ring repeatedly or continuously or at unusual times or at times known to be inconvenient with the intent to annoy, abuse or oppress the plaintiff, according to the suit.
Rutledge claims the defendant utilized fraudulent, deceptive or misleading representations or means in an attempt to collect a debt in violation of West Virginia code.
The defendant’s actions violated the West Virginia Consumer Credit and Protection Act and the West Virginia Computer Crime and Abuse Act, according to the suit.
Rutledge is seeking compensatory damages. He is being represented by Ralph C. Young, Christopher B. Frost, Steven R. Broadwater Jr. and Jed R. Nolan of Hamilton, Burgess, Young & Pollard.
Merrick is represented by Joseph T. Cramer and Caleb B. David of Shuman, McCuskey & Slicer.
U.S. District Court for the Southern District of West Virginia case number: 5:17-cv-03587