BLUEFIELD – A couple alleges that a debt collector continued to call them after it was informed they had retained counsel.
Kimberly and Delmer Call filed a complaint Feb. 12 in U.S. District Court for the Southern District of West Virginia against Webbank alleging that the debt collector violated the West Virginia Consumer Credit and Protection Act and other counts.
According to the complaint, the plaintiffs allege that after they became in arrears upon an alleged indebtedness, the defendant began to communicate with them to collect the debt. The plaintiffs allege they retained counsel and mailed a letter to the defendant advising them they had an attorney and requested the defendant to stop calling them.
The plaintiffs hold Webbank responsible because the defendant allegedly continued to communicate with them even after their request to stop calling them.
The plaintiffs request a trial by jury and seek $500 per violation and $1,500 for every willful violation of the Telephone Consumer Protection Act, litigation costs and any further relief as the court may deem just and proper. 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 3:18-cv-00299