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WEST VIRGINIA RECORD

Friday, April 26, 2024

Consumer accuses debt collector of false representation

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FAYETTEVILLE — A Fayette County man has filed a class action lawsuit against a debt collector, alleging deceptive and misleading representation.

Charles Mahood, individually and on behalf of all others similarly situated, filed a complaint on April 6 in Fayette Circuit Court against Fidelity National Collections, alleging violation of the West Virginia Consumer Credit and Protection Act.

According to the complaint, on April 6, 2017, Mahood received a collection letter from Fidelity National attempting to collect and alleged debt incurred by his late wife in 2003 and 2004 for $3,066.63. 

As result of the defendant's unlawful conduct, the suit says, Mahood has suffered an injury-in-fact by the invasion of his legally protected interest. The plaintiff alleges Fidelity National Collections has falsely represented that he was liable for her late wife's debt and that his real estate may be in jeopardized by the alleged debt although it was beyond the statute of limitations.

Mahood seeks trial by jury, actual and statutory damages, attorney fees, court costs and all other just and proper relief. He is represented by attorneys Ralph C. Young, Christopher B. Frost and Steven R. Broadwater Jr. of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville.

Fayette Circuit Court case number 18-C-37

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