FAYETTEVILLE – A Fayette County consumer claims a debt collector is engaging in unfair and unconscionable collection practices.

Michelle Miller filed a complaint Aug. 10 in Fayette Circuit Court against Santander Consumer USA Inc. alleging that the debt collector violated the West Virginia Consumer Credit and Protection Act.

According to the complaint, the plaintiff alleges that the defendant invaded her privacy with its calls to collect an alleged debt.

The plaintiff holds Santander Consumer USA Inc. responsible because the defendant allegedly repeatedly and continuously made calls to her telephone at unusual times or at times known to be inconvenient and called her when it knew she was represented by counsel.

The plaintiff seeks actual and statutory damages, litigation costs and such other relief as the court deems meet and proper. She is represented by Scott H. Kaminski of Kaminski Law PLLC in Charleston. The case has been assigned to Circuit Judge Paul M. Blake Jr.

Fayette Circuit Court case number 17-C-263




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