BECKLEY – A Raleigh County man alleges a debt collector violated state regulations regarding the disclosure of time-barred debt.
Randall Derringer filed a complaint on behalf of himself and all others similarly situated in Raleigh Circuit Court against AvanteUSA LTD and Cascade Capital LLC citing the West Virginia Consumer Credit and Protection Act.
According to the complaint, Cascade Capital purchased a debt allegedly owed by the defendant and retained AvanteUSA to collect it. The plaintiff alleges he received an initial communication in February, the debt is beyond the statute of limitations for filing legal action for collection and the communication did not provide the required disclosures.
The plaintiffs hold AvanteUSA LTD and Cascade Capital LLC responsible because the defendants allegedly failed to provide class members the notice of time-barred debt and used fraudulent, deceptive or misleading representations to collect a debt.
The plaintiffs seek judgment against defendants for actual damages, statutory penalty, reimbursement, attorney's fees, costs, and further relief as the court deems just. He is represented by Ralph C. Young, Christopher B. Frost and Steven R. Broadwater Jr. of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville.
The case has been assigned to Circuit Judge Andrew Dimlich.
Raleigh Circuit Court case number 18-C-290