Consumer accuses Mo. law firm of violating West Virginia statute

By Bree Gonzales | Nov 14, 2018

FAYETTEVILLE — A Fayette County man has filed a class action lawsuit against a Kansas City, Missouri, law firm, alleging violation of the West Virginia Consumer Credit and Protection Act.

William Secrist filed a complaint, individually and on behalf of all others similarly situated in Fayette Circuit Court against Lathrop Gage LLP, alleging the law firm represented that the plaintiff's debt obligation could be increased by the addition of attorney fees.

According to the complaint, Secrist received a letter dated March 19, from the defendant, which stated in part "Please note that the agreement allows for the collection of attorneys' [sic] fees accrued in this matter, which will be included in the damages sought by FTL." 

The plaintiff alleges Lathrop Gage violated the West Virginia code, which prohibits any representation that an existing obligation of the consumer could be increased by the addition of attorney fees.

Secrist seeks actual damages of up to $75,000, statutory penalties, attorney fees and court costs. He is represented by attorneys Ralph C. Young and Steven R. Broadwater Jr. of Hamilton, Burgess, Young & Pollard in Fayetteville.

Fayette Circuit Court case number 18-c-170

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Fayette Circuit Court Hamilton, Burgess, Young & Pollard, PLLC

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