CHARLESTON — A Charleston woman is suing a loan servicer, alleging misrepresentation, illegal late fees and unreasonable publication.

Branda M. Kessler filed a complaint Feb. 23 in Kanawha Circuit Court against Fay Servicing LLC, alleging violation of the West Virginia Code.

According to the complaint, as a result of Fay Servicing's wrongful conduct, Kessler, who lost her job as a veterinary technician in early 2016, suffered annoyance, inconvenience, harm to her credit and fear of losing her home. 

The plaintiff alleges Fay Servicing continued to represent that Kessler was behind on payments, misrepresented the amount of late fees and publicized her indebtedness to her father.

Kessler seeks trial by jury, actual damages, plus a penalty of $1,000 for every violation, attorney fees, court costs and all further relief the court deems equitable and just. She is represented by attorneys Sarah K. Brown, Bren J. Pomponio and Daniel F. Hedges of Mountain State Justice Inc. in Charleston.

Kanawha Circuit Court case number 18-C-180




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