CHARLESTON – A woman is suing Branch Banking & Trust Company after she claims it attempted to collect a debt from her that she did not owe.
On Dec. 23, 2008, Lori L. Shiltz went to BB&T to have her checking account and debit card numbers replaced because she had been informed that her account had been breached, according to a complaint filed July 3 in Kanawha Circuit Court.
Shiltz claims she took her father to the bank with her to become authorized to sign on her account as well in case something happened and she was unable o sign.
While at the bank, the plaintiff’s father was asked if he would like a credit card, to which he replied that he did not, according to the suit.
Shiltz claims approximately 10 days later, her father discovered two credit cards in the mail, one of which was in his name. The cards were placed in a drawer, as the plaintiff’s father did not intend to use them.
The plaintiff never used either BB&T credit card, nor did she even know of their existence, according to the suit.
Shiltz claims a few months later, her father used the credit card that displayed his name, to pay for car repairs. She did not use the credit card that had been issued in her father’s named.
BB&T contacted the plaintiff in hopes of settling the alleged debt on the card that had been issued in her father’s name, according to the suit. BB&T did not contact Shiltz’s father regarding the debt.
Shiltz claims on June 22, 2015, she was served with a summons informing her that BB&T had filed a debt collection lawsuit against her for her father’s alleged debt and, after BB&T contacted her, she obtained a copy of the credit agreement, which was falsified by a BB&T employee.
The defendant’s conduct is of a kind which has the natural consequence causing harassment, oppression, abuse, aggravation, annoyance and inconvenience of which the defendant knew or reasonably should have known would be the natural consequences of the conduct, according to the suit.
Shiltz claims the defendant is liable for the acts of its employees, agents, representatives, co-conspirators, affiliates and related entities.
The defendant was negligent and caused Shiltz damages.
Shiltz is seeking compensatory and punitive damages. She is being represented by Matthew Stonestreet of The Giatras Law Firm.
The case is assigned to Circuit Judge Tod J. Kaufman.
Kanawha Circuit Court case number: 17-C-952
