West Virginia Record

Friday, December 6, 2019

Consumer alleges deceptive debt collection practices

By Lhalie Castillo | May 9, 2018

General court 09

WHEELING — An Ohio County woman has filed a class action lawsuit against a mortgage corporation, alleging misleading representation.

Cheryl Ruth, individually and on behalf of all others similarly situated, filed a complaint April 2 in Ohio Circuit Court against Carrington Mortgage Services LLC, alleging violation of the West Virginia Consumer Credit and Protection Act.

According to the complaint, beginning in April 18, 2014, Ruth has received numerous mortgage statements from Carrington that included default costs and property inspection fees in the total amount due. As a consequence of the defendant's conduct, the plaintiff says she was harassed, oppressed, abused, annoyed and aggravated. 

The plaintiff alleges Carrington Mortgage Services has unlawfully attempted to collect default costs and property inspection fees and failed to offer the right to cure the debt.

Ruth seeks trial by jury, actual and statutory damages, litigation costs, fees and expenses, plus all further relief the court deems proper and just. She is represented by attorneys James G. Bordas Jr. and Jason E. Causey of Bordas & Bordas PLLC in Wheeling, by Jonathan R. Marshall of Bailey & Glasser LLP in Charleston, and by Patricia M. Kipnis of Bailey & Glasser LLP in Cherry Hill, New Jersey.

Ohio Circuit Court Case number 18-C-70

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Organizations in this Story

Bordas & Bordas PLLCBailey & Glasser LLPOhio Circuit Court