West Virginia Record

Friday, April 3, 2020

Consumers claim Active Medical collection calls invaded privacy

By Philip Gonzales | Oct 5, 2017

Phone 06

CHARLESTON – A Kanawha County couple alleges that a debt collector has harassed them with calls.

Barry J. Shafer and Tammy S. Shaffer filed a complaint Sept. 6 in Kanawha Circuit Court against Active Medical LLC alleging that the medical equipment company violated the West Virginia Consumer Credit and Protection Act.

According to the complaint, the plaintiffs allege that on Jan. 27, plaintiff Barry Shafer advised defendant's agent that the plaintiffs were unable to make payments on the alleged debt owed to the defendant and requested that the calls stop. The suit states that the defendant continued to call in an attempt to coerce the plaintiffs to paying the alleged debt.

The plaintiffs holds Active Medical LLC responsible because the defendant allegedly caused plaintiffs' phone to ring repeatedly with the intent to annoy, abuse or oppress and damaged their right to privacy.

The plaintiffs request a trial by jury and seek actual, statutory and punitive damages, litigation costs and such other proper and appropriate relief. They are represented by Robin L. Godfrey in Charleston and Brian R. Blickenstaff of Turner & Johns PLLC in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.

Kanawha Circuit Court Case number 17-C-1261

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Organizations in this Story

Turner & Johns, PLLCKanawha Circuit CourtRobin L. Godfrey, Attorney at LawActive Medical LLC